Property Evictions
I bought a USDA house on the court steps in Pa. The house was vacant for about 3 months prior to the foreclosure. Utilities had been shut off. There was no mail in the mailbox and no door on the side of the house. Safe to say the house was abandon and open to the elements.
In Pa, for US Marshal sales, you are forced to wait 1 month after the foreclosure, before a district judge will review the foreclosure proceedings and deem correct. So about 1.5 months after the sale I payed the marshal and took possession the house.
Still there is no evidence of any one being at the house. The day I get the property I get my guys and dumpsters setup and over the next 3 days pull 6, 30 yard dumpsters of junk out of the house. The people hoarded yard sale junk.
So the question is, did I need to serve an eviction? Am I open to a law suit from the previous owner. She feels I threw her stuff away and wants compensation.
I feel since no one lived there, no eviction was needed and therefore no provisions needed to be made to help her move the possessions out.
I know this is Pa, but anyone with info on their state would be appreciated.
I
Once eviction is properly effected,if the tenant leaves substantial debris or junk that will cost several thousand to remove and dispose of, but the tenant is unable to pay and clearly has no assets, aside from biting the bullet and removing the debris to prepare for subsequent rental, what recourse is available.
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richmond homes for sale[ Edited by jenisebhruvel on Date 04/06/2010 ]
That has been my point. House was abandoned. No eviction needed. I talked with 3 lawyers. All said the same thing.
I am in Las Vegas, laws here are outside of all others. Buying on the court room steps the home is assumed to be vacant. You can of course check mail deliveries in the tenants name by sending a general letter to them, if it is returned you will know it is vacated. You can file in the courts the proper paperwork to innate the appropriate procedures of eviction. If the response is unanswered the county authorities will come to the home to assure and eviction. These laws are on the side of the owner.
If the home has no active utilities the home is vacant.
Look for a sign of vagrants ... you will know if they were there and if you find items they will probably come back.
see comments at http://www.thecreativeinvestor.com/ViewTopic64037-18.html
Would like to see some more so that later it will be worth understanding everything beyond this.
Yes, credit union and small regional banks are the way to go (portfolio lenders.)
Another way is to get private investors to fund the deal for a year, until you can go out and refinance with a regular mortgage lender - it is still cheaper than holding a loan with a hard money lender.
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