Eviction From Foreclosed Home
Hi,
Has anyone dealt with evicting occupants of a property purchased at a foreclosure auction? I know it is different in each state but can you describe the process and timeframe? also...has anyone been successful in getting the occupants to move out without having to go through an eviction? (offer to pay moving expenses...)
This can be difficult. Some investors avoid it all together and will not buy any property with the owner still living in the property. I am assuming the owner is still there and not a tenant. You will have to serve a notice to vacate which will more than likely be a 30 day notice. After the 30 day period you will have to file an eviction suite. You can get info at the local JP office. Make sure when you file that the house is located in the correct jurisdition. If you win in court which will take two to three weeks the owner will be served again with a 24 hour notice that the constable or sheriff wll meet you and start setting out their stuff by the curb. As you can see it can take months and very nerve wrecking. Try offering a few hundred to them once they are out.
Good LUCK and Thank You
Hope this helps some
Ted Jr
I agree with Ted,
If I purchase an occupied foreclosure I always go over in person within 48 hours to meet the occupants. I try to get on their good side, saying how I understand how difficult it must be and I try to get in to see the property during this visit. If I can inspect the property and it seems to be in good condition, I will offer the folks between $500 and 1k to move within 14 days, dependant on the property remaining in the same condition. If the property is in bad condition I offer them $300-500.
FYI I only buy occupied foreclosures that are GREAT deals. People sure can screw up a house fast when they are being kicked out.
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Hope this Helps!
Bill[ Edited by telemon on Date 02/03/2004 ]
I have seen some very ugly things happen to properties when you want to "force" the residents out. I don't want to enumerate them. Any and very thing imaginable can and does happen when you want to use force.
I meet them and try to remain cordial-no matter what. Sometimes they want to "shoot the messanger". I see if they will vacate peacifully and when. I'll offer them money when they turn the keys over to me and are completely out ot the house. At the same time, I initiate the ejectment process whic is timed to begin a couple of days after their agreed upon departure. That gives them added incentive to leave. This plan seems to work more times than not. .
Hi all,
Thanks for the responses regarding the eviction! Can I ask how much you offer them? Are you usually able to meet with them? I am picturing the occupants as hard to get a hold of never having gone through it. In my county the eviction process includes a waiting process (I think 30-60 days)ending with the Sheriif doing the eviction. I need to pay to file the paperwork, sheriff's fees and by law I need to use a liscenced bonded mover to move all of their belongings to a liscenced bonded storage facility where I need to pay for 3 months of storage. I'd prefer to pay them something to move and not have to go through all that. I guess the best way would be to offer them moving expenses to be paid after the house is empty and they hand over the keys.
I just show up after the auction at the house. They know what day it is going to sale. They don't have jobs, they are just sitting there wondering what the next step is. I don't offer them money, you could try, these people are all victoms and they want something for nothing. I know it sounds stupid but I would rather give $500 to hardworking paralegal than to someone who is not down on his luck, but has run out of options for playing the system.... You can't give them the eviction notice until you get title perfected (recorded with county). In our state it is a three day notice post auction.
Special form. Make sure you use the correct forms or the unlawful detainer will start all over again and you may have just waised 3-weeks. In the complaint I sue for rent and damages (fees) then I attach it to them. I usually get my money in about 5-7 years... Some people decide to return to society and pay their debts...
In closing I am always polite and respectfull to the people but remember most of the time they will lie to your face...
I never let pride stand in the way of making a little money.
Pay them, it is faster and generally less expensive, confrontational, quicker, and who knows? You may actually help someone who is down on their luck
It has nothing to with pride...
At first I did offer money and they didn't take it. So I would say they generally don't move here.