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Updated over 4 years ago on . Most recent reply

User Stats

100
Posts
20
Votes
Stan C.
  • New York, NY
20
Votes |
100
Posts

Can I sue state government for damages by moratorium on eviction

Stan C.
  • New York, NY
Posted

(I don't want to limit this to Legal forum, so please let me post it in thus general thread). 

This is my first property, financed 2 years ago, so obviously I don't have much reserve. The property is in North Carolina.

A tenant stopped paying in February 2020, I got eviction order and waited legal time frame for writ of possession. 3 days before that, maratorium on evictions happened.. So the tenant stayed there for 3 more months, totalling 6 month of unpaid rent. Finally got evicted by Sheriff in July after their moratorium was lifted. Tenant basically destroyed the unit, requiring repairs. The money is likely not recoverable from the tenant.

I applied for forbearance which will end in September but if I put my loan into deferment (putting debt at the end if terms) - then I won't be able to refinance it, taking advantage of much lower rates that I got my loan at. Also, it's my understanding that I won't be able to apply for a new loan if this loan is in deferment.

So, figuratively speaking, government stepped in and put me into debt by preventing me from exercising my rights by evicting a non-paying tenant. It's also preventing me from refinancing. Is that any different from theft?

An advice from experienced investors on how I could handle this? 

Are there class action lawsuits on this? Any idea how I can hold government accountable for this unconstitutional act?

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