Foreclosure in Buckeye>Question Details

Trish Mikkel…, Home Buyer in Litchfield Park, AZ

How do I get squatters out of our house that we left a few months ago to let it go back to the bank? No official foreclosure has been started by bank

Asked by Trish Mikkelson Tongen, Litchfield Park, AZ Mon Feb 15, 2010

I'm in a tough situation. My husband and I moved out of our house a few months ago and moved into a rental home because we are letting our home go back to the bank (we're in Phoenix area and our house is over $200k upside down). He let his 23 year old son who has been out-of-work for over a year (by his own chosing) and his pregnant girlfriend move in - against my will. They in turn let their thug friends move in and the home has been turned into the new "party place". No one works - they are living there for free waiting for the foreclosure to happen. They have no keys and access the home through the electric garage door opener (keypad on the outside of the house). They have moved all their "stuff" in and have repainted rooms, etc. Amaziing what our taxes pay for people on welfarre, foodstamps, free health care, etc. Now what do I do? Should I contact the mortgage company and tell them? The local police? It's obviously caused a huge problem with our marriage.

Help the community by answering this question:


Call a lawyer first.

The advice below is good. I'd have suggested calling the police and reporting that there are trespassers in the house.

However . . . .

Imagining the worst case scenario: You cut off the power or deny them access. They go to a lawyer--your county Legal Aid. The lawyer makes the case that the people in the house are your tenants. Imagine a scene in landlord-tenant court:
Lawyer: Did you move out of the house voluntarily?
Husband: Yes, we did.
Lawyer: And upon moving out, did you agree to permit your son and his pregnant girlfriend to move in?
Husband: Yes, we did.
Lawyer: Did you require any security deposit?
Husband: No, we didn't.
Lawyer: Did you require any periodic lease payments?
Husband: No, we didn't.
Lawyer: Did you require that they transfer the utilities into their own names?
Husband: No, we didn't.
Lawyer: Did you provide your tenants a method of ingress and egress?
Husband: I didn't give them any keys.
Lawyer: That wasn't the question. Did you provide your tenants a method of ingress and egress?
Husband: Well, I did show them the garage door opener and give them the code to enter.
Lawyer: Do you know that the law permits tenants to have guests in their residence?
Husband: But they're not just guests. They're also residents.
Lawyer: Can you provide evidence that they reside there?
Husband: No, but . . .
Lawyer: And even if, hypothetically, they were residents, when you turned the property over to your tenants, did you limit the number of tenants who could occupy the property.
Husband: No, but . . .
Lawyer: So let me see if I understand the situation. You voluntarily permitted your son and his girlfriend to live in your home. You did not demand any rent or security deposit. You did not demand that they pay the utilities and, in fact, you have continued to pay them. You provided them with a means to enter and exit the home. They periodically entertain guests. [Turning to the judge.] Your honor, I would suggest that the plaintiff's son and girlfriend are legal tenants in the property. There is no grounds for eviction. Further, termination of utilities or preventing the tenants from entering and exiting their home would be in violation of various local statutes.
In short, it could get ugly.

Yes, I know (or at least assume) there's no written lease that you could point to and argue that it's been violated. But you just never know how those things will go.

So, please, before cutting off the utilities or doing something similar, just check with a lawyer.

Hope that helps.
3 votes Thank Flag Link Tue Feb 16, 2010
Don Tepper, Real Estate Pro in Burke, VA
Give me a break... call the cops... turn off all utilities... notify your lender(s)... grow up...
2 votes Thank Flag Link Mon Feb 15, 2010
The cops in Arizona do nothing about squatters. They embrace and encourage them. This has been my recent experience. Totally useless and anti-owner.
Flag Tue Dec 23, 2014
You are 200k upside down in the home, the bank is -going- to eventually foreclose and take it back, and I'm assuming you absolutely no interest in sending further payments to said bank.

So, why do you care?

Let them live there, why would you try to kick them out of the home? I know someone -right now- who's been in his "soon to be foreclosed" home in chandler for over 20 months without sending a payment. That's a long time to live rent-free, and when the property is eventually foreclosed on, there is NO consequence for all this free living. It's a foreclosure either way. The bank isn't going to treat you -any- more nicely if you keep the house spotless and vacant. Since the home is going away anyway, why not let your son and all his friends have free housing in the meantime. Taxes have -nothing- to do with this. If the bank is stupid enough to sit there accepting nonpayment without foreclosing you may as well let them live there until things get moving. For gods sake, the son has a pregnant girlfriend and apparently no job and you want to do what, make them homeless? Right now they aren't burdening you or anyone else. Leave them be.

You made a mistake buying the home. You are making a good business and financial decision letting it go. If your husband's son and daughter gets free housing in the meantime that's making lemon-aid out of lemons. Calm down, stop causing a huge problem in your marriage, and be happy that in your misfortune your able to offer a pregnant woman a roof over her head.
1 vote Thank Flag Link Mon May 17, 2010
This is how I feel about it too.. With the son and gf living there costing them anything? If no, then let them live there awhile they can, beats having them move back in with the parents. Have dad talk to the son and at least have some respect for the home and dont allow the friends to trash the place. If they arent hurting anything, I agree and let them alone. IMO
Flag Wed Oct 29, 2014
you suck! get those worthless noloads out of there. If those two obviously brainless idiots got themselves pregnant with no jobs, no residence they deserve what they get. Take the child away and make her get a hysterectomy!
Flag Thu Apr 24, 2014
Change the keypad code. Turn off electric, gas and water. Give utility companies heads up that no one has the right to turn them back on but you. Then call the police on a regular basis. You may have to go through eviction but this will make them miserable enough to move. Trust me... the stinch from no water and using the toliets would be enough to make anyone sick and get out!!!
1 vote Thank Flag Link Mon Feb 15, 2010
I am not sure the police will do anything since your son is one of the occupants. So I would focus on contacting the lender to see if they can expidite the foreclosure process. The other thing if you want to get them out, is to start the eviction process, however, this would be expensive!

The other thing is create a situation that would be considered create a inconvience to the occupants. Contact all the social agencies to checking on the occupants maybe effecting the benifits and a situation where they can't do what they want when they want.

If you are letting the property go to foeclosure, it is better to see if you can get the bank to do the work and expidite the process. Unless someone can get to your son to get everyone out.

Keith Manson

First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
0 votes Thank Flag Link Tue Feb 16, 2010
I would call every official that I could think of; police, mortgage, utilities, bank and even the news people to get exposure of people who are taking advantage. If you know their names, report them to the welfare office and any other state agency that is helping them. If you do all of those things, they will probably be gone in less than 30 days. If you do nothing, kiss your property good bye.
0 votes Thank Flag Link Tue Feb 16, 2010
Why not just break the garage door opener keypad? Once broken they can't get back in. If you felt guilty about damaging your own keypad you could always buy another one for the house.

On second thought, why not just call up the electric company and tell them to turn off the electricity? You are not using it.
0 votes Thank Flag Link Mon Feb 15, 2010
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