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Landlord afraid to to evict problem tenant

To the reader whose daughter is afraid of her month-to-month tenant: Sorry I lost your address. Your daughter didn't need to give her tenant three months' notice to vacate. In most places, one calendar month would have been sufficient, but the notice should have been in writing. She need not give any reason for wanting the tenant to leave.

Q. My sister-in-law has her mortgage payment taken directly from her checking account. Two months ago, she realized her mortgage payment wasn't being made by the bank. They have deducted the payment from her account each month, but they don't send it on. This makes it look like she's not paying her mortgage. She just received a certified letter for foreclosure. She lives in North Carolina. How can a bank do this to someone? She has talked to numerous people who say they will fix it but don't. What can she do?

A. I don't know to whom your sister-in-law has already complained, but in her situation I'd talk to even more people. First off, I'd contact a lawyer. Later, when this is all cleared up, the bank should pay her legal expenses and repair her credit record.

I'd find the name and address of the president of that bank. A local librarian can help if she can't find it on the Internet. Then I'd write a one-sentence letter. "You are deducting mortgage payments from my account but they're not being sent on, and now my mortgage is going into foreclosure."

I'd talk to the manager of my own bank branch, but I suppose that's already been done. I'd complain to the state agency that administers banks. (In her state the website is nccob.gov).

If that's a federally chartered bank, I'd contact my senator and representative's offices and ask for help. Many voters don't realize those offices will go to bat for you in dealing with government agencies. If it's state, I'd go to the local office of my legislator. If all else failed, I'd contact the news desk of local newspapers and TV for publicity.

A few weeks ago, a woman wrote the column asking how she could prevent her name and new address from being made public, because her newspaper publishes details of recent real estate transactions. Readers who responded all had similar suggestions:

• "An attorney could establish a limited liability company using a nondescript name (i.e. "801 LLC" if the address is 801 Main St.). This is a simple procedure that should not be terribly expensive."

• "Seems to me that the buyer could get legal help to establish a blind trust and buy the property in the name of the trust."

• "What about having her set up a LLC and purchasing the house under a nondescript name? That way she would remain anonymous, and her 'enemies' would have a much harder time following her activities."

Q. I own a vacant residential lot. That lot is slotted for redevelopment sometime in the very near future. What do I need to know to place that lot for sale to developers, and what do I need to consider in setting an asking price?

Q. I own 20 acres that has a development on the east and on the west. My grandson wants to buy three acres and build a house. He would have to put in a gravel road. Would a developer be interested in 17 acres next to a gravel road, house, septic system, etc., on the three acres? I want to be able to sell this property eventually. Would selling my grandson three acres make this more difficult? Unlikely? Thank you so much for helping a senior citizen know what the right thing to do is.

A. You're both going to get the usual answer: You can find much better advice from local real estate agents who can see the property and are familiar with your market. It won't cost anything, or obligate you, to call several real estate companies that are active nearby. Ask their managing brokers to suggest agents who are familiar with the sale of vacant land.

Agents are always interested in viewing property, and most of them enjoy giving you the benefit of their experience. Meanwhile you'll have a chance to meet brokers and judge them. Some property owners do just fine selling on their own. For vacant land, though, I'd recommend professional help.

• Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

© 2015, Creators Syndicate Inc.

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