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Minimize Messy Evictions

By | Published: Jul 28, 2010 | 62 Comments

Eviction of former owners or tenants is the buyer's responsibility.

Even if you've conducted thorough research on a foreclosure property and successfully placed the winning bid at the public auction, it doesn't necessarily mean you can move into the property or start making needed repairs right away. In fact, there's a chance the former owners of your newly purchased property may still be living there, making it a bit difficult to physically take possession. If you're not prepared for that possibility, you could be in for an arduous and messy eviction process that makes you question why you bought the property in the first place.

Properties arrive at public foreclosure auction at the end of a pre-foreclosure period that occurs after property owners default on their monthly mortgage payments.

A chaotic eviction process can often be avoided with some careful research and planning. Although regulations and procedures differ from state to state, the following guidelines can help you learn how the eviction process works and how to avoid a long and drawn-out eviction process, so that you can take possession quickly when you buy a foreclosure property at public auction.

First things first -- establishing ownership

At the time of the auction, make sure you are given all the necessary documents from the auctioneer that show you are the new owner of the property. At that time, you should speak with the auctioneer and a real estate attorney regarding any additional steps that must be taken before you can officially take possession of the property. In some states, the sale will need to be confirmed by the court either immediately or within a period of up to a few months.

In states that honor a redemption period for owners, the previous owner of the property has an opportunity to buy the property back from you by providing the full amount paid at the auction in addition to any applicable fees. This redemption period can range from a month to a year, depending on individual state laws. You'll want to know whether right of redemption applies in your state and the length of time that is allowed, as this may be a reason for the previous owner's refusal to vacate the property.

Understanding the eviction process

Keeping in mind that state eviction laws vary, it is imperative that you contact a local real estate attorney or the country sheriff office to determine the proper procedure to follow in your area. That's the only way you can be sure the eviction is handled legally, protecting the rights of everyone involved.

That doesn't mean you'll always have to go through the entire eviction process. If the property is already vacant or the former owners voluntarily move out, no eviction is needed. Some investors only bid on vacant properties to avoid any chance of having to confront a former homeowner. On the other hand, many homeowners will move out voluntarily if you contact them and gently let them know that you purchased the property, providing the documents from the auction as evidence. Still, it's best to check with a real estate attorney or the county sheriff to make sure that you do everything by the book.

If the property isn't already vacant or the former homeowners don't voluntarily move out, you'll need to initiate eviction through the court system, which can take months compared to days. That's why it's best to try to avoid this process by only purchasing vacant properties or by contacting the owner first.

Once the court rules a final judgment in your favor, you can obtain a writ of possession and have the local sheriff evict the occupant. Eviction typically occurs 24 hours after the sheriff serves an eviction notice to the occupant, at which time the sheriff can have the occupant's possessions physically removed from the property.

What about tenants if the property was a rental?

Rental properties that have been purchased at foreclosure auction create a sticky situation for new buyers as well as for tenants who very well may have been paying their rent on time to a landlord whose property ultimately fell into foreclosure. While the sale of non-foreclosure rental property requires the new owner to honor the leases of existing tenants, foreclosure sales typically allow the new owner to dissolve any existing leases. The new owner can usually evict the existing tenants once ownership has been established.

Keep in mind, however, that if you choose to collect rent at any time without a new lease in place, you essentially assume the role of the tenant's new landlord under the terms of the existing lease until that lease expires. The obvious exception to this rule is if the tenant somehow violates the conditions of the existing lease, in which case you may have grounds to evict them immediately.

While the process of eviction can be complicated and even emotional, it can be a necessary part of buying a foreclosure property at public auction. By accepting this, understanding the process clearly and working with professionals who know the system, you can assure that everyone's rights are protected — especially your own.


By J Mario Preza,  Tue Dec 14 2010, 11:21
The trouble with this facet of the foreclosure mess is that the innocent tenant sometimes is caught in a quandary -- do they continue to make payments to an owner who is in default all the while denying it, or do they stop paying the owner and make arrangements with the foreclosing lender? I have heard even attorneys give conflicting advice about this sticky situation. At the end of the day, the tenants suffer through this too -- without much of a voice, I might add.
By Fran Rokicki,  Fri Jan 7 2011, 16:49
I would suggest that if you are purchasing a home, that had tenants residing there when you viewed it, that you request that the Seller have the property vacant at time of closing.
By Foreclosureparalegal,  Tue Mar 1 2011, 13:23
As a New York state foreclosure paralegal for over ten years, we do not advise the tenant on how to make their monthly payment. The tenants best interest is to continue making payment to the landlord or put the money aside.
By Jon Shenk,  Fri Mar 4 2011, 10:23
As a tenant advocate in New York, I'm with Mario Preza on this one: tenants have limited information and get conflicting directives during foreclosures, so making decisions about paying rent (yes or no and to whom) is particularly daunting for them. I know of cases where (former) owners show-up and collect rent the day before a Marshall comes to serve eviction notices from new owners/banks.
A further problem is that owners in foreclosure often allow properties to deteriorate and do not provide essential services for tenants. We usually advise tenants to hold their rents until we can help them identify who is legally authorized to collect and to confirm that that party will provide essential services.
By Mojo,  Mon Jul 4 2011, 18:22
Ummm ya ..........
By Open Every Weekend,  Thu Jul 14 2011, 13:28
As a real estate investor in Indiana, and active foreclosure purchaser, it is vital that we know what repairs are needed and exactly how long the project will take. Buying a property with a homeowner that refuses to leave creates unnecessary stress, headaches, attorney expenses, time, and completely delays all intended work schedules. Often times, it is in your best interest that you try and work out a favorable solution that works for everyone, such as "cash-for-keys." Stomping around, waiving papers in peoples' faces, telling them they have to leave will only make them upset and anger them. You don't want them destroying the property, and flushing your profit down the drain before you even start on the project.
By Tina Miller,  Thu Jul 28 2011, 19:47
What if u were a renter and did not know the house was in foreclosure? But you talked to the banks lawyer about it and the lawyer gave you there email to send a bid and they have not got back with u on it ? Then you sent another one and they still have not got back with you. Do you call them back after 3 weeks or go to the bank your self. reason for asking never had this happen before or do you wait for them to call you back? CONFUSED REALLY BAD....
By Mereana,  Sun Sep 25 2011, 02:22
very interested in property please e/mail me
By Mereana,  Sun Sep 25 2011, 02:22
very interested in property please e/mail me
By Robert,  Tue Oct 11 2011, 14:15
what if your the home owner who lost there house , but does not want to leave it vacant to get destroyed buy vandals. some peaple lose there homes to no fualt directly of theres, and still love there home just cant adfford it.
and what about the new owner making a deal with the ex owner to rent it
from them. most ex owneres would like to stay in there homes and would
rent it back if ofered giving new owner instant cash back. possibly even with option to buy it back. just becouse it didnt work out with bank doesnt mean there bad peaple . i would rather make deal , than eviction.
By Naps With Cats,  Sun Oct 23 2011, 13:52
I am the tenant of this very small apartment and he has been in foreclosure for 149 days now? He just told me a few days ago and I've been paying him rent all this time.

I need that money if I am going to move. I'm on permanent disability. I don't plan to move as I am trying to buy this place, it's mine and my 10 cats' forever home and we don't plan on leaving.

I've been a legal secretary/paralegal for 24 years and have many attorney friends, and have worked in Real Estate law.

You don't want this place anyway; nothing's been changed since '77 and it's falling apart, has dribbly water pressure, all cabinets literally falling apart, it's tiny, but it's mine. He knew this when I moved in and it's only been one year.

I will have attorneys, advocates - this will be a messy one and I will end up with my forever home. I can't leave here. I'm permanently disabled.

I think he owes me a few days short of 5 months' rent 'cause he didn't tell me it's been in foreclosure all this time - I didn't have a clue. I don't have money to move- he took that. He said he wouldn't pay my deposit back because he's in foreclosure; his realtor here lied to me as well about owner not selling it.

I am staying, people . . . I have not the strength not will to move from my forever, yet tiny apartment. I cannot handle the stress at all with my disability.
These used to be apartments when I lived here in the 80's. Smaller than the normal.
By T,  Mon Oct 24 2011, 18:46
hopefully you were represented by a realtor...then you could have some recourse
By Naps With Cats,  Tue Oct 25 2011, 08:00
I am the tenant (again) and I am still here and plan to stay. Thanks, though.
By Brian Jauregui,  Sat Nov 26 2011, 08:28
can somebody email me about this property
By Carlos Herrera,  Sun Dec 18 2011, 20:06
In Florida there are a few details to make sure you are on top of. First of all, make sure you have done your homework on lien priority, etc. when deciding to bid.

2nd, understand that you need to have the cash already available. This is not a time when you can go and apply for a loan or look for hard money. You have to give a deposit as soon as you win the bid, then you have a COUPLE hours to bring the rest in cash or cashiers check.

Following that, you wait about 10 days, if all goes well (if the homeowner doesn't pay it off or find a way to get proof that he had filed bankruptcy, etc.) then the court will issue a certificate of title. At this time, you can go to the sheriffs office and pay for a writ of possession. The sheriff's office will then call you to schedule an eviction, no matter who resides at the home.

Whether you are a tenant or owner, you have received mail stating that the home is in foreclosure and states sale dates, etc.

Any attorney out there will recommend that you DO NOT let the person who was living at the home back in under ANY circumstances following the evection. If they return inside the home, you WILL have to evict them all over again if they decide to bunker down and refuse to leave.
By Lindab,  Thu Jan 12 2012, 04:17
We bought a piece of property at a tax sale. Items have been left in the house. May we remove and sell them?
By Devanla,  Fri Jan 13 2012, 06:01
i'm new to foreclosure auction purchases. can someone please inform me how to proceed with the auction process? where do I go to sign up? when the auction is? etc?
By Hamptonbeach Nh,  Sat Jan 14 2012, 19:32
look into the Obama act of May 2009 and if you a tenant and have a lease you maybe able to ride you lease out at the current terms with a new landlord Don't sign a new lease call you legal aide offfice. I was in this situation within the last 2 yrs.
By melissatremblaysoucier,  Sat Jan 28 2012, 19:23
what bothers me is the fact that they do not have any information, or pictures of the house. I bought a foreclosed and currently live in it. WE got a good deal on it and had about $10,000. worth of work. to get it up and running properly. then the flooring, panting, etc... and 4 4 yrs. later we are still in the process. I would do it again. but info would be nice without having to pay to get info.. Melissa
By melissatremblaysoucier,  Sat Jan 28 2012, 19:24
what bothers me is the fact that they do not have any information, or pictures of the house. I bought a foreclosed and currently live in it. We got a good deal on it and had about $10,000. worth of work. to get it up and running properly. then the flooring, panting, etc... and 4 yrs. later we are still in the process. I would do it again. but info would be nice without having to pay to get info..
By Regina McGlashen,  Mon Feb 20 2012, 14:44
I would never consider buying a home with no pictures, no walk thru and other information. Never mind the fact if it is occupied, having the responsibility of removing the occupants! That just sounds like a recipe for a disaster including headaches, financial loss,stress and just plain getting screwed!
By Walnut St West Warwick Ri,  Sat Mar 31 2012, 07:44
How about coming home and finding a note in your mailbox that says " current tenant, this property has recently been purchased by my company at foreclosure auction. I would like to discuss the status of your occupancy with you at your earliest convenience. Please call me."

I didn't know it was even in foreclosure. The rep from the mortage company said He sent an inspector and certified mail. I never saw them. He also said we refused to refinance. No. We tried to refinance and did not want to take out extra cash, just what we owed. I guess they did not like that idea and we did not get refinanced. He also said we had not payed in six months. Strange my bank statements said we had been paying extra to make up on late charges. Not every month but at least we were trying to keep the roof over our heads. I can not see a family with a handicapped child not trying to keep a roof over their heads. Even when the house no longer fits the needs of the family. At least give them a chance to sell it, or get financing from another Gov. agency. Former owner and current occupant Walnut st.
West Warwick, RI
By Walnut St West Warwick Ri,  Sat Apr 7 2012, 19:35
former owner is out of house. No hard feelings to new owners or person who buys it. You will have nice neighbors who care about you.You get along with them they get along with you... good luck and God Bless.
By Matie,  Thu Jun 7 2012, 04:02
I have heard even attorneys give conflicting advice about this sticky situation. Who's interested in property http://www.indexpost.com/ - free foreclosure search all over the U.S.
By Jorge Marquez,  Tue Jun 12 2012, 11:25
can i have the phone nummber of the owner
By Mattie,  Wed Jun 13 2012, 19:10
response to Fran...FYI, u can't ask the bank to deliver "vacant" u r ...supposed to figure out that part of it on your own...if u have a tenant paying rent & keeping up the property you're better off keeping the status quo or risk having the property destroyed...use logic in these foreclosures, u r already getting it for way below market value...ps, many forclosed upon owners will destroy the property themselves...they have nothing left to lose!
By Joelle,  Thu Jun 21 2012, 09:30
My husband and I are current tenants of a house/duplex he has been renting for over 10 years from the same man. This landlord lives out of state and has been very negligent to the house. In fact, there was a fire to the other side of the duplex (with was occupied at the time) in early 2008, and he never came to look at it until sometime in late 2009. He did nothing to repair it. Turns out he has no insurance on the home.
Then, about 3 months ago, a man shows up at our house (while we were at home), poking around the outside and telling neighbors it has been purchased by the bank. Leaves a card for us to call him.
We contacted him, found out it was bank owned. Confirmed this through Probate Court records - The Bank USA purchased the house in 2007 for property tax lien. 2007!!! It's 2012 and they are just now coming to tell us???!! AND we've been paying rent to our landlord the whole time?

So....what do we do? This house is in disrepair and there is no WAY a bank would loan us money to purchase it (if we could get for a low price). The Bank will not speak to us. Our "Landlord" has been incommunicado on the whole issue except once to say "All Is Fine". Then 2 days ago, he text us saying we need to talk. We have not payed him rent since we found out he was not the rightful owner - but we have just been rent to ourselves. I know that he has a right to redemption in the state of Alabama, but if he HAS redeemed the property - how do go about getting proof of this? And where can we find out our rights as tenants in Alabama?
We have no written lease.(They had one 10 years ago, but my husband cannot find it, and there has been no new lease made since then). All proof of our paying rent is Money Order stubs. We have utility bills in our names, and we have payed for major plumbing repairs for the house, as well as helped repair the fire damage to other side of house(at least so it would not be inhabited by wildlife).
I'm so fearful he is going to ask for more rent money or back rent for these months if indeed he did go and pay more money to redeem the house - but the fact is - he COULD NOT rent this house in it's current condition if he tried. And no one could get a loan for this thing until the repairs are made.
Please - if anyone has any information or resources on this subject in Alabama - please post.
Birmingham, AL
By DJ in CA,  Mon Jul 2 2012, 11:00
RE Alabama house. The time line doesn't make sense unless the loan was in 2007, then defaulted some time after.
The fact that the house is "unrentable" is irrelevant, as is the fact that you can't get a loan to purchase it. The advice I've come across in these "who owns it now" situations seems to be to open a SEPARATE ACCOUNT (maybe even at a different bank,if your current bank won't let you have more than one account without charging fees), and pay into that account as if it were the landlord. That way, when it is clear who own the property you can pay your back rent (maybe even leverage that into needed repairs on your side of the property). If the bank now owns it you can use that money to move (since the old landlord is highly unlikely to return your deposit). In this particular case even if the landlord does redeem the property I might be very inclineded to offer to pay the back rent, minus your deposit (which you UNTOUCHED in the separate account, so that when you move you have deposit for the next place -- put it in a CD or something if you are tempted to spend it). Legally he doesn't have to do this, but having the bank people poking around saying that they own it would make me very nervous, & he might be so glad to get the back rent he might agree.
By Regina McGlashen,  Sat Jul 7 2012, 13:43
What is the point of getting a property way below market value if you can not actually have it at your disposal? If you have to go through a lot of rigamarole with no guarantee, it is quite a risk. As it has been said, the tenants may destroy it themselves or even go without maintenance for many months knowing they are losing the home and have no further investment value in the property.
this seems like a losing game to me. When you can not inspect a property, be assured it will be yours after the purchase, or have to evict tenants, you are at risk of losing more than you ever imagined.
By Natalie Duran,  Mon Oct 1 2012, 18:05
Carlos Valentin, you mention bankruptcy... is this a strategy a homeowner might use to stall the foreclosure process? I am interested in some properties and see that the owners claim bankruptcy, should I just walk away from those properties?
By Peach,  Tue Oct 2 2012, 16:14
so what exactly is going on with the home at 200 south fourth st in rittman ohio ; renters r still n n it foreclosed back in july 2012 n now its oct ; when will they be leaving ; timothy hooker n catrina horton
By Nt,  Thu Oct 25 2012, 17:58
It's amazing that these renters feel like they are owed something, when the owner of the home is foreclosed on, or the home is sold. If you rent, you rent for the month you are living there, nothing more. If the owner looses the home, the bank, or new owner owns it, NOT you. You are owed nothing. The bank, or new owner can kick you out immediately. Any money you are owed by the previous owner for 1st month's security, is a civil court matter between you and the previous owner. The bank or new owner are not involved. If you rent, you are paying to "temporarily" stay in someone else's home. IT"S NOT YOURS. If the owner is foreclosed on, and looses the home, the bank or new owner is not legally obligated to any previous lease or rent deal. Simply stated, if your landlord is foreclosed upon, the new owner, bank or otherwise, can put you out immediately because he now owns the home, NOT you.
By Vanda Ford,  Tue Nov 13 2012, 13:04
I agree with Nt 100% ! These tenants feel they are owed something, for nothing! They lived in the place they paid rent while living and using the property, So if it was in such a bad condition, why didn't you moved out? You could certainly have moved since you did not even had a lease contract to hold u back. Get real nobody gets nothing for free! The land lord payed on that property for years, and end up with nothing, and the new owners also had to pay for it, so you want a house go buy it, go through the process and hard work it takes and put in yout hard earned money, and maybe after you know what it takes you will learn to respect home-ownership..
By She_toby,  Fri Nov 16 2012, 12:05
House for sale in Newport, RI. Not a forclosure. Well maintained but does need updating. One block from water and park. Price is good. We have a disabled person and an elderly person living here, too many stairs. Would make a great fixer upper as you go home. 3 bdrms/2 baths. Plenty of potential.
By lburke.bestacademy,  Wed Mar 13 2013, 19:26
how do i get in touch with the owner at fern valley drive
By lburke.bestacademy,  Wed Mar 13 2013, 19:28
I love this home on fern valley drive i would love to buy this property.
By Nick Damask,  Wed Mar 13 2013, 19:57
Vanda is correct -- it is irrelevant that tenants pay rent to a property owner who then forecloses on the property. It's not as if the tenant's has an entitlement to live in the home rent-free or is entitled to live in the home in perpetuity.
By jennifersuiter1017,  Sat Apr 6 2013, 23:48
I'm the owner of this property and there are serious problems with the home. It's pre manufactured (was not disclosed at closing), we had +15 floods in the basement after the prior owners removed and replaced the original sump pump and serious damage was done to the foundation. Also - This pre manufactured home (after research and then deciding to put our money in escrot) has faulty electric and and plumbing problems. The sinks leak, and the icing on the cake. My husband a normal sized man fell through the 2nd floor bathroom as did one of the dogs into the dining room - the house needs to be knocked down and rebuilt -- still want it now -- Go for it. We are working with Wells Fargo since we got ripped off and trying to fix this - as I said the payments are in escrot. Do your research before you buy a home even if you trust the lenders inspection and appraisal report - we paid 230.000 for a LEMON! Well I guess if you wanna buy a semi charmed pond (we found it has leaches and it cost a ton of money to try and kill them without ruining the live pond last summer - we got taken - don't you!! I'll check to make sure this is still posted tomorrow because this is going through litigation. Good Luck I want this house so bad!!
By jennifersuiter1017,  Sat Apr 6 2013, 23:49
I am the owner the Keller Rd home with the pond
By jennifersuiter1017,  Sat Apr 6 2013, 23:53
Oh and PS: We have agreed to the terms of the new loan and it will be off your talking block very soon - we are knocking it down and rebuilding a solid/ sturdy home (thank God for escrot). Peace
By hembree.tonya,  Thu May 2 2013, 16:58
hello love 1097 wright rd newport tn rend to own $555.00 moth down $800.00
By morrisonne,  Tue Jun 18 2013, 08:50
IMPORTANT: RealtyTrac (and other, similar sites) simply scour court records for Lis Pending filings and post them. This does NOT necessarily meant the house is in default, available to buy, or anything else. It can simply be a small lien being requested for services unpaid; it could be anything.

This is also why these websites often have no pictures or info on a property, as you would expect a realtor or bank to have; they're just reposting court filings and know absolutely nothing else.

So. Buyer beware - and also beware of those companies that try to get you to invest long-distance; there's a large corporation offering seminars, etc, and their goal is to get you to buy blocs that are in their portfolio. Buyer beware, beware, beware. If you can't go to a property yourself, and if you cannot see the legal documents relating to the property, DO NOT buy.
By Ronda Guercio,  Tue Jun 25 2013, 07:22
I really am panicked ! Two weeks ago, I received a letter that was originally sent to my former address stating my home was to be auctioned July 2, 2012. Well, that was a year ago, wrong date, wrong address...21st mortgage returned 2 pmts one from Travis Co Housing Authority. Im just now 4 months behind due to a work injury and cannot walk. I put 55k down and have only been here a year. Should I declare bankruptcy?
By wow,  Sat Aug 10 2013, 17:56
In Philadelphia good real estate lawyer http://www.lawyernortheastphiladelphia.com
By jacked it,  Wed Oct 2 2013, 21:08
My brother went through that process. He lost his job and foreclosed on the house but remained there as an occupant. One day these folks show up with papers and said their the new owners and he needed to leave immediately. So they began eviction proceedings which took a couple of months. It worked out great because it gave him plenty of time to move out and on his last two days at the house we poured concrete into all the drain pipes, stripped all the copper pipes in the house, punched holes in all the walls and sawed through several trusses in the attic. Hope the new owners enjoy their home.
By jacked it,  Wed Oct 2 2013, 21:25
And of course we also helped a neighbor out that was in the same predicament. Same story, snotty *ssholes shoving papers in his face and demanding that the family vacate immediately. So they were also forced to go through the eviction process which gave us plenty of time to hose down all the interior walls and completely saturate them, dismantle and remove the a/c and air exchange unit, remove all the bathroom fixtures, introduce a colony of carpenter ants into the attic area, concrete in the drains, broken windows, take out all the kitchen cabinets, shatter all the floor tiles, overload the electrical wiring (no mean trick with circuit breakers but it can be done) and generally give everything (and I mean everything) a good coating of 10-30 motor oil. PLUS he found a buyer for the cabinets and a/c system. Oh! We did leave the new owners a housewarming gift- two casr. Thats right, two cars. In the garage. All four tires and rims removed and a dead cat in the trunk. Second one in the bottom of the swimming pool. But you can't see it because of all the oil on the pool surface. Won't they be surprised.
By jacked it,  Wed Oct 2 2013, 21:28
Soooooo. fair warning to all you profit merchants that like to capitalize on someone else's misery.
By dwaynestump,  Sat Nov 9 2013, 02:47
jacked it, you are one sorry f*ck
By Civilization is Good,  Tue Dec 31 2013, 23:39
I think most of us would agree that all the damage jacked it caused was not justified. Their brother took out a loan and agreed to pay it back with specific terms. Then he stopped paying and broke his agreement. While it's not great that he lost his job, when the lender took back the house through foreclosure, that was their fair right, because they loaned all that money to buy it for him in the first place. Jacked it's anger against the new owners was completely misplaced. That hatred and vengeance isn't going to help fix anything.
By observer,  Wed Feb 19 2014, 12:37
I know a family from Poland, living in California. The husband was injured in a car accident when an uninsured driver ran a red light. He was hospitalized, lost his job, and then his wife also lost her job. They could not make their house payments, and lost the house to foreclosure. Before moving out, they meticulously cleaned the house and even touched up the paint where they removed their pictures from the walls. Appliances were spotless and like new.
They never bitched and moaned. Classy people don't blame others. They know how to handle misfortune like adults. The husband has recovered, they are both working again, and those of us who know and admire them have felt confident helping them get re-established. Some people have class, jack, while others don't and never will.
By eviedunn,  Fri Apr 11 2014, 14:05
what are the rights for a washington tenant I live in a condo that is going up for auction July 18 2014 I have been paying rent and the landlord was not paying the condo payments Do I have time to look for a new place after I see what happens on the 18th or do I have to move immediatly
By appalachian_american,  Mon Apr 14 2014, 17:23
I saw one where I had to drop property value, my wifes mother had a small farm, & it was paid for, she re-financed it , at 77 years old, & didnt tell anyone she had done that, we guess it was to pay for debt from where she was buying from tv shows, & mail order catalogs.

problem was my wife & her sister also had trailers on the property, when their mother passed away, the bank refused to accept payment from anyone other than the person that took out the loan, we mailed several checks & all were returned, they even wrote refused on one we sent by certified mail.

well bank acted swiftly & forclosed ASAP, the bare legal minimum, 60 days if I remember right, & we fought it in court & lost, so I pretty much destroyed property, my wife wouldnt let me cut house up with the chainsaw, however I knocked out walls with a sledge hammer, busted up bathrooms, & blasted shotgun holes through the roof, I went into attic & stripped insulation on alot of electrical wires, & hacked at the wires with a knife to resemble mice chewing, & then made sure they made contact & covered with sawdust, I tampered with every outlet I could, including the breaker box, & took a pick axe & got the water heater, plus I shot the furnace, & the inground oil tank I filled with water, & I cut well pipe & wires & allowed the pump to drop to the bottom of well, it was a pitless adapter so was easy to get to. I bought several boxes of upolstery tacks, & distributed around.

maybe I went farther than I should have, however we had the money to pay, we tried to pay, & the bank absolutely refused payment, in the end they did say if I had cash they would sell it to me, I guess being cussed & harrassed by me they made the price, over $10,XXX of what was owed, which was many thousands more than the loan & what they spent going to court, & my bank wouldnt allow me to get a second morgage, as I still owned on my home from before I met wife. my wife worked part time & she wasnt approved, & her sister had bad credit, & that was a no-go.

normally I wouldnt be like that, but they claimed ownership of even my wifes mobile home because it was set up permanately, as well as her sisters, but I saw to it both of them were destroyed as well. this was a forclosure, but of the bank wanting it, & refusing to take payments, not because we couldnt pay for it.

its been many years, & house is still vacant, & both mobille homes were torn down, so whoever got it, paid for land but didnt get a liveable place, & wont without having to spend alot of cash, I saw to that!

I used chainsaw on several electric poles, as well notching trees to fall on electric lines, but to happen with wind, & not fall immediately.
By Ashton Hoopdville,  Tue Jul 15 2014, 02:59
damn. when i get my first property, if there is people living in it im gunna take food over and eat with them so that way they dont act like some of the animals destroying sht. wtf.
By Rebecca,  Tue Sep 30 2014, 00:30
We reap what we sow. People act out in evil ways and then wonder why their lives are full of woe. NOW you know!!!

The Good News - Once you accept Jesus as your Savior, you become God's willing child - you become His student and God's Holy Spirit is your Teacher - so you are not failing when you stay in God's 'class'. Then, you cannot be plucked from God's hand either. YAY!!!

GOD told me to ignore spiritual roadblocks and push forth doing what I felt in my heart to do what is right and good. (GOOGLE THIS - there's more to it.) Have a blessed day!!!
By John & Janis Arendsen,  Wed Oct 1 2014, 09:14
I'm not by any means advocating or promoting or even suggesting that anyone do what I'm about to say but here's a rather interesting twist to this thread.

I had a transplanted client who leased a home for a year while waiting to purchase one. Within the first couple of months a notice of foreclosure sale was placed on the front door. They panicked and asked me what I thought they should do.

I told them that I could not give them any legal advice and referred them to an excellent RE attorney I've done biz with over the years. The attorney advised them to discontinue making any payments to the homeowner who was not making any payments to the bank and instead try to make the payments directly to the bank.

The bank refused to accept any payments due to legal issues what are above my pay grade so the attorney advised them to put the $5000/mth lease payment into a separate bank/savings account just in case at the end of the foreclosure proceedings the bank were to come back on them.

Over one year and close to $70k later the home was sold on the court house steps and the new owner paid my client a $5k cash for keys to move out within 30 days.

Bottom line my client ends up with $75k which helped them with their downpayment for the purchase of their beautiful home and they lived free for over a year in a very luxurious home.

Now once again I'm not suggesting or advocating that anyone follow this approach because I'm not an attorney and this is not legal advice. It's just a true story that I wish to share on this thread.

However, in situations like this it's always wise to retain the services of an experience RE attorney who knows how to navigate these types of situations. You just never know what might happen on a case by case basis. Just sayin.........
By Mark Saunders,  Thu Feb 5 2015, 09:56
sometimes its like cash for keys
By mackenzy802,  Tue Feb 10 2015, 13:19
Vermont nightmare: in 2007 I "bought" a home in a lease to buy: a P&S contract was drawn I paid the owner $ 30,000 up front and agreed to pay the monthly mortgage amount. until such time that my own home was sold. Three months after I took possession: the seller killed himself(literally) the rest is a continuing nightmare...the loan has been bought out at least 3 times by new lending servicers...the executor of the will (his mother) authorizes me to deal with the banks, but the guy died in all kinds of debts, so nothing can be transferred without the courts approval, as they think the house has equity to pay his other creditors..the mother will not assign the deed to me, yet does not want the property..Meanwhile the new lenders wont post me any documentation and return all my payments as they say they are now $ 20 short per month on their adjusted rate but wont send me any paperwork to validate the mortgage statement. They don't have the contact details of the executor and yet wont allow me to give them her contact details because I am not on the loan papers...so round and round we go....8 years...Ive invested too much to walk away.. its my home.I love it... but I don't want to spend anymore on improvements until I have some security that ownership will one day be mine...What a mess and this was my downsize move after my own husband passed....talk about stress! When I ask the lenders:"Im offering to settle this loan..take it off your books...just someone work with me..." they don't seem to care about protecting the asset, your life...the shareholders, the balance sheet...I wish I could work all day and achieve nothing year in year out and never be held accountable to anyone...I mean someone, some manager, some department supervisor, regional director...somebody somewhere must have a progress list of these files?
All this and I work in the property industry....So for anyone out there considering let to buy....lease options...anything of the sort...A) make sure you have clauses to cover death of the owner,,,,make sure you have documentation that the seller and his lender signed approval for the arrangement and that you are an authorized invested party on the loan before you part with your money and take possession.
By Nails848,  Wed May 20 2015, 12:57
This information is very important since in most cases people are not informed nor are others caring enough to share in the discomfort of a forclosure. Allow me to sight an example: I am a investor how for the most parts was following the american dream working 9-5 in one job, as well as extra money part time work just to establish a start into real estate. After securing my first home were my aging mom lived I was to take that rent and purchase another property. This became a total mission of love of the dream/ since I taught in a vocational school building trades and was a certified instructor it was a good match of me and property. I found by endless homework searching the many places and even walking the neighborhoods were perspectives existed. Their were many so this took alot of time and efforts. I would work 9-5 and go to work again on the rather derlict needy property that I aquired. This ment leaving my family at home and sleeping on the floor in cold buildings eating out of cans and going outside alot for air. In all for the past 20 years my wife would aid me in my quest to find my dreams, pack lunches and pay the bills of all as they came to our home as well, we raised 3 kids got them to collage and still stayed married. Yes their were times when the S hit the fan and only a compromise ment our survival. We are still are together , she has a masters degree and I have one as well, we bouth are public service people and are now retired as professionals with reasonable income. Durring this I aquired and did alot of related work on real estate, especially to advance my dreams and utalize my skills all awile fixing my investment property's. I would travel to each one based upon needs and moneys available that would hopefully reach a point of profits. Lets say this was a crazy thing to do but it did happen and it is still happening today 2015, Along the way we were to learn alot of things and not just about RE but people rentals repairs bill s intrests taxes and labor relations you could say it was life long learning. I was a total green investor wanting to do all of the work and to pay cash as we had it as things came along. I now look back and see that a lot of what I dreamed was so unrealistic, but my wife and I stayed to it thinking we someday will have a return. Yes this did happen, but at what cost ? Immence ! forsure we lost a lot of time, money and thinned the dream doing this is not a TV show or even covered in the cable channels. This is why I wanted to send this message to all people who own, live in rentals and even have dreams like me. I want to reflect a bit on a situation were I was snaked out of $ 200.000 dollar investment after I had worked on it for 20 years keeping the pace . We sight the term ,"forclosure and all that it means" in this case the State of Md. and the City of Baltomore Md. I, having purchased a very large historical home in downtown were the propertys were still available yand gunshots rang our daily. I just knew a bullet would hit the house,or if I was lucky the neighboorhood would change before something happened to me. Drugs on the front steps and people braking inside the house stealing my stuff was at the formost so I would pace my efforts slow and stay inside keeping the locks in good shape and removeing valued contents like loose copper, tools ect. This property due to its size alone was to become my nesting ground an anchor to future returns it was well on its way to become three units or rental space two car garage, yard, and on the hospitals campus a booming redevelopement area was in progress. I wanted to keep moving forward and did so on a weekly and monthly basis. In the latter years I suffered a back injury of seriousness and needed a back operation then long term theripy/ so. Gess what, The city never sent any bills to the house since I was an absent owner we never received any mail at our official adress, NONE, no sherifs knotice no phone calls and no notes upon the door in fact we recieved no knotices at all. After about several months of my recovery I was back at work doing the propertys and came upon my house were we were doing a rear room in drywalls and I had labors and a trailer filled of materials. We looked up to see a large banner hanging from the second floor wondows, " FOR SALE"
, and a smaller wooden sign nailed to the front doors, FOR SALE. What kind of joke is this someone has been inside my house and put this up ? I was shocked along with my employs. So, upon enter, I instructed them to look for anything that might lead us to a reason, and none was found. No mail was in the door slots or ever sent to the names and addresses on the deeds to the property nore any mail to this house that might explain the situation. So I consulted the police, they said to call the number on the FOR SALE sign, and that we did. It seems that no knotices were sent to us at all and when we questioned the real estate people they replyed , you never contacted us about the payment that you owed , property was sold at the tax sale and you never replyed to us for redemption??? what redemption ? Yes we owed for a tax amount in the city and they intern sold the dept at tax sale. As the rules are clear we were to receive a knotice from the purchaser that we now owe them as well as interest fee for redemption . However they never sent any knotices to us nore did they post the house that was uninhabited (no occupancy permits ment no one lived at the address) it was under construction and a long term investment property.as well they were to do a property search to find the owners so that legal knotice would be made as required as part of the redemption rules of city forclosure ! NO search was made, no knotices were ever given even though the title was owned outright by me and on the title deed in Balto City records DEPT. it clearly shows; the address and names of the owners places of residencer// it clearly says , the mailing address is -------------------- in Pa 19380 and is certified by the title insurance co that certifies the names and places, it is also stamped with the Dept of records seals Balto CITY. No one did a proper search of the deed or gave any knotice to any owners at the official address. no calls no certified mails no letters NOTHING. But they did file for forclosure on the property and obtain a process of forclosure to take the property from us. When we called the realtor they became mute, telling us we have sold the property we reminded them that we have the ownership and own the property outright dept free/ and that no knotices were ever given. We employed a legal advisor who buy the way was the agent who has the title search company that clearly said , I know you live in Pa. not in this house. He drew copys of the documents off the internet / CITY records. It seems that the purchaser was to have done a proper search of the deed, and given knotice to the owners of the lein, somehow, yet they allowed no knotice to take place sending none to us claiming we did not reply to them. We had a legal person contact them, who said the papers were filed in the courts for lack of ability to make contact with the owners even though they tryed so they say. Legal people said that the process of the courts also were only under the same that the official owners never replyed back to the courts. This is a form of fast track to obtain a title by the lein holder for forclosure of the tax sale certificate implying that they tryed and was unable to contact, it called , abandonment or a walkaway type of process. If we abandoned the property then why were we working on it while it was in process of the courts, and why did the courts not uphold my rights that were clearly violated as stated on the official deed , they also did not check the official info. It seems they went on the information that was provided them on the complaint and not certified records that are official? This process was unable to be stoped and as we attempted to retain ownership the clock ran out, we never was given any knotice as well by any party courts or lein holder. We also asked the legal to submit our offer to pay 30.000 cash to clear up such matters. The realtor refused to accept our offer and we lost the property., in discust and fear of loosing the contents of the large house I removed as much as I could , yet knew we had lost. They came and were taking things from the house when I was still inside as well aproxamently 100.000 in contents of antiques, supplys tools ect were at risk, so I employed all even near neighboors to help me remove any ASP. This process cost me 200.000 plus dollars with out a recourse. They cut locks off left the building open to the streets were forsure it would be stolen. In discust I have constantly been reminded of this experience that took away alot of my dreams robbed me of earned profits as well as allowed those who violated my rights to redemption by using the courts process and loopholes in the system , a poorly opperated BALTO CITY GOVERMENT tax dept, who do not support the peoples efforts but themselves, and combined with srude snakes in the REAL ESTATE business. I am currently the owner of a number of propertys and an active member of the balto community and still do property investments, I am easy to find I lived at the same address for more than 50 years and own all my property's as well, now retired I like to think that it was a good thing to do, yet these things do happen and you will see were your rights are not upheld so for those who read this , Please be so advised , Its not any one thing its all things , be on your toes and make sure that as something happens or smells , you best be on it, sorry to say, I don't trust even the deeds that certify the official doccuments, those who handle them, those who sell them and those who defend my rights to them. Its a shame but scam is big forged documents and internet fraud, hacking of info, payoffs and needy goverments all take part. If you understand , I lost to a situation that others might experience, then you must keep abrest of all activities as they pretain to you and your future investments, after all we do it to gain and not loose but when we are lied to and cheeted it is too late to cry. NO ONE CARES only you are responsible for such injustices. jim kelley investor
By Nails848,  Wed May 20 2015, 13:59
It is utmost that you read and follow all official papers as they pertain to your rights and legal processes. I say this clearly, if you do not read or understand the process , seek help to best understand it and follow advise of those trusted proven professionals in the business. If it is insured then be sure to read the fine print, understand what comes with the policy deed ect all official documents get confusing get help to best understand your rights. As for most people will do a transaction and not fully understand the process/ get an advisor and do the work as if its life at risk, don't rely on any one thing but read up on what this means. When in a situation as in forclosure it is best to get on it follow up with calls and contacts seek legal even legal aid, Realtors are helpfull but for the most parts they work for the sellor even if you are the buyer, Their is alot of ways to go on this post, as a working person day to day part time owner and rent collector /manager of propertys/ even sellor of or leasing of my own propertys. One common thred exists, check everyones work if it landlords, realtor, legal, services provider , renters, credit historys, and even legal stuff , govermental billings and others that apply to you and your interest or well being afterall, you are the one who will be effected. Lets not sit back, first take charge even if it hurts or depresses you, if you are responsible you need to find out whats going on. Don't delay, stew or feel sorry for yourself, getting depressed will not stop legal processes. You need advise good advise, perhaps a good friend a boss or your banker, nun the less a trusted person to help you. Never walk away, stay the course so that you can uphold your rights to your portion rather it be a house apt or your stuff. Let the outhers know you have a right to the process or were denyed , get a legal person to take over. In most cases their will be a time line and a specific process for all to follow stay on top of the need you have to do , this will protect you from seedy people who do not care. Use your rights to proper process and never allow others to take them away or buy you off. Its best to follow the rules of the road don"t assume you know whats going on find out. Keep logs with notes and dates names and steps you have followed so it becomes your reference. when information is shared be sure you hear it from the horses mouth not secondhand. Get a second opinion don't get stubborn or challenging just stay to whats right. Have faith in the system, afterall you did not create it but you must follow it. Pay the bill find the money or be man enough to step aside and except those shortfalls. I realise it hurts but its best to move into something new than stew over the spilled milk/ simply put FORCLOSURE it comes to responsibility to follow set rules and guidelines/ pay as you go/ even if you don't eat ! Skip things if you can but most of all follow those required of you. In some cases you can buy some time to process out of the bad and into the good/ we all loose jobs or have crises/ health ect but only us have the power to deal. If we leave it to others they will make it look bad for you, best to compromise the situation and work your way through the situation. It likely but not always going to favor the other party dependent on your abilityies to change, pay off, or work out compromise, at best some time to work through. Durrring this its possible that a plan or change could take place, just don't loose faith. Yes it is difficult eyes are upon you, and change is difficult, new routeens new places reduced living, but lucky for you, we are human and can make changes rather easy or difficult. We can heal to live again, but then we will know what to not do and what traps to stay away from its those gut feelings that we need to reconise, if it feels good or if its bad say so, any way other will not work.
By Stacykeresty,  Tue Jun 9 2015, 05:03
I rented a small house 3 months ago in West Berlin NJ the Owner just picked up my June rent and said I have to be out in six weeks the property was forclosed and he doesn't own it after July 16 I'm on a month to month lease but I'm disabled I have no place to go what can I do! I would like to stay!
By Stacykeresty,  Tue Jun 9 2015, 05:03
I rented a small house 3 months ago in West Berlin NJ the Owner just picked up my June rent and said I have to be out in six weeks the property was forclosed and he doesn't own it after July 16 I'm on a month to month lease but I'm disabled I have no place to go what can I do! I would like to stay!
By Allison,  Mon Jul 13 2015, 07:31
jacked it - it is against the law to vandalize a property. If the police can "prove" your brother did this to his property he will go to jail...

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Calling the trustee is an important step in pursuing any pre-foreclosure or auction property, but it's not always the easiest or most enjoyable step because many trustees are not geared toward providing information to the general public. A phone call to the ...


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