Foreclosure in Chicago>Question Details

Fifo, Home Buyer in Chicago, IL

Closing on a foreclosure in April, title free and clear. The owners are still there and don't seem to be moving. How can remove them?

Asked by Fifo, Chicago, IL Mon Mar 19, 2012

They have been in foreclosure for three years and the sale date was last year. I will own the property outright. Property is in Plainfield Ill 60585

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16
If you don't take legal possession until April, then you can't do anything about them until you legally own the property.

If you're buying the property from a bank, it's their responsibility to get the previous owners out unless they have specifically stated that's not their problem.
2 votes Thank Flag Link Mon Mar 19, 2012
The four choices given by Anthony are the normal choices, and the legal ones, but there is nothing against legal creativity in trying to get the squatters to move.

You can consider getting someone to rehab throughout the home during normal construction hours at decibel levels not appreciable. Consider a very slow handyman who likes to hammer deliberately.

Erect a large and difficult to remove political sign on the roof or lawn for a candidate your squatters would not appreciate, most likely a conservative candidate not approving of freeloading, but don't be too sure. Obamacare for All or Santorum My Saviour can be effective for the right person. Observe their shoes and bumper stickers for more clues.

While you can not force them to leave, you should consider moving in with them, and putting an ad on Craigslist for obnoxious roommates who want a free place for a few weeks. No matter how obstinate your squatters appear, a few mornings of your new roomies picking their noses naked in your kitchen drinking milk out of the jug we'll turn most people off. You'll want to consult a lawyer on this one, but if you are the owner, and they are not in a lease, the co-habitation might be feasible since most people would never think of it, hence the lack of public information on it.

Consider occupying the attic or basement after you watch Pacific Heights.

If it's a multi-unit or two flat, three flat kind of building, fill the other apartments with those same Craigslist characters and make sure to install a loudspeaker in the building that plays the Marines bugle wake up call every morning before sunrise.

Good luck.
1 vote Thank Flag Link Tue Apr 3, 2012
That's new to me.....I never even listed a bank owned property until an eviction was completed, house was cleared of belongings and the house was at least broom cleaned. I have however been in listed foreclosures where most of the furniture remained (you're responsible for clear out) but never where the previous owners were there.

What does your attorney say? What does the listing agent say? What does your contract say regarding possession at closing? YOU NEED SOME ANSWERS and quickly. If your contract states possession at closing and they're still there I personally would not close. It could take you months and some money to evict. Let us know what happens.

I've had people extent actual evictions for months - one for six months. They claim a hardship, medical issue(s).
1 vote Thank Flag Link Tue Mar 27, 2012
You don't own the property until you close on it. Have your attorney write to the sellers attorney telling them you want sellers out by closing date or else you will charge them per day for staying. This should motivate them to move. Good luck!
0 votes Thank Flag Link Wed Mar 21, 2012
the bank owns the property now - you will not get a dime from the previous owners. And a per diem from the bank? Not likely.
Flag Tue Mar 27, 2012
That's very odd to be closing on a bank owned home with people still in it.

You have these options:
1) Tell them that you own the property. Ask them to leave and see if they do. This probably won't work but it's worth a shot.
2) Have them sign a lease and pay you rent.
3) You pay them relocation assistance (use a written contract and pay them after they move out)
4) Evict them and have the sheriff remove them.

I would advise paying them relocation assistance (cash for keys). Evictions take a long time and can be messy; they may also be bitter and cause damage to the house. Usually a condition written into a relocation assistance contract is that they don't damage anything (other than what is already damaged) and they move out everything and leave the property in broom-clean condition. It can cost anywhere from $500 to $5000, and it's between you and the tenants.

You will need to wait until you own the property to do these things.
0 votes Thank Flag Link Mon Mar 19, 2012
Have your attorney reach out to the the listing agent, the seller's attorney, and the seller's lender to take care of this for you. You can try reaching out to the listing agent as well.
0 votes Thank Flag Link Mon Mar 19, 2012
I think that, in similar circumstances, I might take a page from the bankers' playbook. I would approach the holdover occupants with an offer of cash for keys. Who knows, it might work and if it does, they might be less apt to damage to the property on the way out.
0 votes Thank Flag Link Mon Mar 19, 2012
good luck.. its very hard to do and if you do anything wrong you will be liable. They need to be evicted by an eviction expert attorney- ask your agent for one.
0 votes Thank Flag Link Mon Mar 19, 2012
In New Jersey you go to the Sheriff! Regards,
0 votes Thank Flag Link Mon Mar 19, 2012
You'll have to get an attorney to answer a question like that. Real estate Agents can let you know from experience what happened to them or their clients but we're not attorneys and foreclosure in Illinois is handled through the courts. The sheriff should evict them, but there are a number of circumstances that may qualify my answer. Any good real estate attorney can handle that.
0 votes Thank Flag Link Mon Mar 19, 2012
Well put Paco.
Flag Tue Mar 20, 2012
How did you handle this on the contract?Do you get 'possession' at closing? Discuss this with your attorney, but on foreclosures, the seller (bank) usually has a 20 page addendum that says, among lots of other things, that you need to close regardless of whether the occupants.....tenants...owner....whoever......is still there. It's your potential headache and the eviction process is lengthly and costly. You should have thought about this possibility before you wrote the offer, but your attorney can advise you.
0 votes Thank Flag Link Mon Mar 19, 2012
If you own the property and they are in there they are squatters. I would call the POLICE!
0 votes Thank Flag Link Mon Mar 19, 2012
You have to go through the eviction process.
0 votes Thank Flag Link Mon Mar 19, 2012
Talk to a real estate attorney and get the eviction process started.
0 votes Thank Flag Link Mon Mar 19, 2012
File an eviction for non-payment of rent.
0 votes Thank Flag Link Mon Mar 19, 2012
This question can best be answered by your attorney, therefore consider a consultation as it is highly advisable that the current owners be out by closing day....
0 votes Thank Flag Link Mon Mar 19, 2012
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