Arty
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have them arrested for trespassing. |
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ktwister
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Contact the Sheriff to meet you at the house on 12/27/06, the people will be "escorted" out of the house. All personal property will need to be placed at the curb.
You will need to change the locks on the house to secure the property and that is it. |
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Whiteboard Guy
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I would think that as of 12/27 you could have them taken out...
Go to the police with the eviction notice and have the police remove them for trespassing...
Then change all of the locks, etc.
This doesn't sound like it will be pretty... good luck. |
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Yoda's Duck
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Hey, sounds kinda like a situation I was in...
My grandfather (now 84) owned a single-wide trailer which sat in his front yard. The tennant was a woman who'd been on time with her rent 5 times in as many years. As a senior citizen, he was living on that money, used it to pay his bills, buy his food, put gas in his car. He depended on that income and had told her repeatedly that she really needed to get current and STAY current with her rent. She wouldn't.
He finally sold the trailer (not the land) to one of his sons. This particular son has been a landlord and has had to deal with this type of thing. He contacted a process server in the area via his attorney. The server came out and taped an eviction notice to the front and back doors. The tenant took one of the notices to the local courthouse in an attempt to fight it. Because she hadn't upheld her part of the rental agreement, the court wouldn't help her out. She was PISSED!!!... but she moved out!.
I talked to my uncle, asked what woulda happened if she hadn't moved. If she hadn't packed and moved on her own, on the designated day (in your case the 27th), the sherriff would have been called, and they would have come out with a moving truck. They would have logged everything as it came out of the mobile home and went into the truck.
The truck woulda taken her stuff to a storage unit (yes, she would have been informed which one). She'd have to pay the court/sherriff for the cost of moving and for the storage unit, then she could get her stuff back. If she didn't pay, the storage unit people would be free to auction off her stuff to pay for the cost of storage, and she'd still owe the court for the move.
If you have the title to the property, talk to an attorney about getting the eviction enforced. They'll know all the t's to cross, i's to dot.
Regarding those who would paint you as a heartless jerk- How long have they been in forclosure? How long have they been totally slacking on their mortgage? And how is that your fault? I'd feel bad for them, possibly getting kicked out of their home at Christmas time, but their situation is their own doing. There are a lot of options, resources... unless you're dumb enough to screw them all up, in which case, it's still their own fault for burning every bridge they've come to.
Best of luck. Stay polite- it makes points with law enforcement. |
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Rob
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Sad to say I would contact a lawyer and get professional help. A lawyer can review any paper work and arrange for the sheriff to evict the people if needed. My sister had to do this and it did cost her money but some people will not move until they are booted out.
Also, hire a crew to set their belongings out at the curb, if needed, and don't forget to change all the locks ASAP. Very important: Keep a detailed log of your efforts and be prepared if these guys go to the media to gain sympathy. Good Luck. |
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BRYAN L
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use a profession eviction service and let them do all the work for you, gonna cost you about $400.00 depending on what state you are in? also if you have all the services turn off, the state will evict them espacilly if there is no water, thats make a home unihabitable (california law) |
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g4acre
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First & formost you need to involve your attorny.then if they are not out on 12/27 cut all the utillitys and water.then they will most likley leave.good luck. |
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pattibcacl
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First get your lawyer tell him what,s going on, its time for the Sheriff to show them the door its your house now time for them move on |
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williams7eleven
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you need to get the sheriff there and have the police forcibly remove those bums from the house. |
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Amber P
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On 12/27 the Sherriff would remove them if they do not go willingly. |
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OnedayI'mgonna
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As far as I know, you can call the cops. You went through everything I can think of - so your covered. If they stay on the property they will be tresspassing and that could get them into trouble. I don't even think you have to be there, sometimes it's good not to. Things can get pretty emotional. |
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bostonianinmo
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If they're not out, the sheriff will put them and their belongings on the street. You may need to file again with the court to make that happen. Those are normally fast-tracked and you should have posession within a few days. |
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Retta
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Depending on the state you are in you do have rights. I believe you can go to the court house and let them know that he have done everything you need to but the previous owners are not moving and their time is almost up. They should be able to let you know what you can do. I believe you get to get in the house and change the locks. |
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BUSHIDO
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not sure if its the same in seppoland but if the writ was filed and the've been handed an eviction notice theres not much you can do,but the authorities can on 27/12.if you can prove your the owner of the house you should be able to get the services turned off and reconnected in your name when you move in.i dont understand why theres no contract though that makes no sense.have you been payed in full?if not that changes the whole issue.
theres other ways but not good to put here. |
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davermon
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you hve the right to have them evicted from the house with th sariff and if they come back to the house the locks should be changed and there things in storage in you name and tell them untill you give me the back RENT your thingswill be mine and the RENTfor the storage unit if they sue you have the right to hold there things like that you have up to one year to hold there things legalely also have the water turned off lights off and the gas off you have the right to do this |
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BoTToms UP
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what on earth kinda of sucky deal is that. THEY shouldve been kicked out before sale started i would think. oh well, live and learn, good luck |
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SUSAN K
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Call Legal Aid and ask if they can help you. If not, ask them who you should contact or what you should do. If that doesn't help, contact the local Board of Realtors or the bank/mortgage co. that holds the loan and see if they can give you any info. I would also consider contacting Fair Housing. They have helped me many times. They often give free advice over the phone. They also have a website. Do you know a Realtor or a Real Estate Agent? If so, call them. If all else fails, look for an atty in the yellow pages (look for a specialist in real estate).
You do have rights, you just need to get to the person or agency that can tell you what your rights are and how to go about using/getting them
Fair Housing is good.
Good luck! |
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TheDiciple
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NO NO NO NO...... Everyone here is wrong!
See this is why you should stay away from Foreclosures. And ill tell you why. I am a seasoned Real Estate Investor, and amatures are getting involved in Foreclosures usually get involved way over their head. Believe it or not the previous owners still have more rights than you! The profits from foreclosure investing can be huge. That makes foreclosures attractive. There is an awful lot to know in order to avoid the problems that can occur. If you don't know what you are doing, one disastrous foreclosure investment can wipe out your capital lawsuits are slow and cumbersome) and provide limited visibility.
At this point, you have become a creditor of the bankruptcy estate. Is this really what you planned when you bought the "great pre-foreclosure deal"?
In Most states Even after your eviction notice, it still could take weeks to months after you file to get them out. If i were you, because this was a foreclosure with the previous owners in it, i would purchase title insurance, they may try to trash your place before you move in. ALSO, you may find that the former owner files a lawsuit to attempt to overturn the sale, hire a lawyer immediately.
Going to a sheriff or listening to these people on yahoo answers, or the local authorities, will DO nothing. They know nothing of Real Estate Law. This could get ugly fast, so hire a Real Estate Attorney Immediately |
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missa484
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I don't know what state you are in, but you can check with your attorney. In NY state on the 27th when they don't leave you call your attorney that you filed the eviction with on the mornin of the 28th (they have until midnight and your attorney is probably closed then) They then call the city marshall and schedule a lock out. Usually within 48 hours the marshall will serve them with a 72 hour notice to vacate. Then the day after the 72 hours is up you will contact your attorney to let them know if the people are still there. If they are then the marshall will go back with you there. He will escort them off of the property with what they can carry while you change all of the locks. You then have to hold their things for 30 days, after that you can have a bonfire in the backyard with their belongings.
Hope this helps you, check to see if it is the same for where you live. It is what I do everyday in western NY though. |
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Catherine E: VT
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Whiteboard guy has it right. Let them know that they had better be packed by 12/27, because if they aren't out of the house, you will have them arrested for trespassing and will change the locks and sell anything left in the house. |
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Passion
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If they are supposed to be out of the house by a certain date, they will because you have the right to get the police to come in and throw them out.
If that doesn't happen, time to get a lawyer involved to see if you got a legal recourse. Do you have the deed of the house? If you paid money to close the deal? If you did, then you can sue. |
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Me-She
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Call your local Police or Sheriff & make arrangements with them to meet you at the property address on or after the specified date & time of the eviction. Since they are ususally set for a midnight deadline, then you must wait until an Officer can go on the call & assist you & they usually prefer to go in the morning or afternoon when people are awake. Take a new set of locks for each door & have a helper or two to assist you in removi g the old locks & putting in the new ones. You will also need copies of the eviction notices to give to the Officer, the tenants, post one on each inside window next to the door or on the front of the door & let the Officer do the rest. They will instruct the tenants to step outside & if they refuse to do so, the Officers can apply verbal warnings & an arrest will be made if the tenants do not follow their orders. They will try to strike up a deal with you & this will be your moment to make or break your eviction terms. You can insist on them leaving immediately with only the clothes on their back & then you must store their belonging according to your local laws or you can give them one hour or one day or one week to clear out their belongings until you re-call the Officers to enforce an arrest if they go back on their word again. The Officers will be specific & they will make sure the tenants understand the terms. You should be prepared for the worst, because these people will most like beg you & cry for your understanding because they still consider the house to be theirs. You must get them out ASAP BEFORE they wreck what is left of the house. As far as I know, since the house is now yours & they are there illegally, the utilities are their responsibility & you are not obligated to pay to have the service turned on until you choose to do so. If you have not even done an inspection on the interior, then I would think it would be unwise to have power turned on without seeing the wiring & other potential problems that could cause a fire in YOUR house! I once bought a house like this & it took the fire department to get the people out bt red tagging the house as a condemned property due to all the rubbish that created an eyesore & a fire hazard. After the tenants left, my husband & I had 72 hours to clean it up or loose it. We turned things around, but it was a close one. We learned the meaning of "sweat equity"! Good luck. You may have to play hardball, but they are the ones who decided to stay & now they must face the consequences of their decision. They know what is about to happen & they are just being ignorant about it. |
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newyorkgal71
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Get an attorney! |
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that one girl
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I think it's completely fine to kick 'em out at Christmastime. It's a gift--they get a new house! On the 27th, just call the police and they'll do the rest. Cut off the power and water, the phone, the TV. But make sure you have the deed. Notify them what will happen if they don't move out. But the least you could do was tell them you're sorry you had to do this but it's your house. |
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Sean
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tell them if they are not out by the 27, you are getting the police and a lawyer to physically remove them. Unfortunately, You can't be polite in these situations. You have to get tough. It's a shame they lost their house, but that's happens sometimes. |
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Jorgie_Porgie
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Oh shut up toyleta babe she has every right to kick them out of the house regardless of christmas time. They have had 45 days to get out. Hello that would put it back at the beginning of november they have had plenty of time to move out. So go ahead and move them out forceably. And while your at it you should sell their stuff to cover the 45 days that they were in the house with no money coming to you. |
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h_a_v_0_c
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You haven't painted a complete picture of what has happened. You say they are scheduled to be out on 12/27, but that you closed 45 days ago.
If you had a short term rent-back agreement with the sellers, be wary. A lot of states have very lenient laws when it comes to renters, and make it very tough for landlords to evict tenants.
Now you say you closed 45 days ago, but you are unclear as to why you did not take posession on that date.
It's probably time to call in a lawyer. Just be forewarned that there could be many more tenant's rights than owner's rights.
If you thought you were being nice by letting them rent back for a little while, remember, no good deed goes unpunished.
Good luck. |
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zyberianwarrior
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12/27 is forceible eviction day courtesy of your local police department (by court order). You have to be in court that morning and they will be out in the afternoon.
YUK! Change the locks and don't be suprised if there is damage done as well. |
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memyselfandI
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you do have legal rights, it also should state your rights on any agreements you sign, but truth be told I'm in that same predicament, I had to get my seller to sign new papers today.....so that they cant change anything else and they would have to be out by the date on the papers |
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topekat
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Have you got the utilitiys shut off their call the companys. Have the sheriffs kick them out on the 27.They need to leave and thats that. Its a hastle but a good leason learned . Sorry for your troubles. |
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littlebit_48203
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contact a lawyer and on the 27 if they are not out have the balift set them out on the street |
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