Foreclosure in 60563>Question Details

ca_emails, Home Owner in Naperville, IL

Possession after a Dupage Sheriff Sale

Asked by ca_emails, Naperville, IL Sun Mar 4, 2012

After winning a bid for a house at a Dupage Sheriff Sale what is the next step to get possession from the owner?
A month later I got the court order from the judge and understand I can use that to evict the occupant.

Is it acceptable / legal to approach the occupant and discuss move date / possession, etc?

Thanks

Help the community by answering this question:

Answers

7
BEST ANSWER
You got the confirmation of sale, not an eviction order. You have these choices: 1) make an agreement with the occupant to rent the premises, 2) pay the tenant relocation assistance (by written agreement, paid after the tenant moves), 3) evict the occupant (this requires you to go to court and the sheriff evicts; you don't). If the occupant is a tenant, you may be required to give the tenant their security deposit (check with your attorney).
1 vote Thank Flag Link Sun Mar 4, 2012
Best advice here is to get in contact with a licensed attorney that handles this type of thing. however.

After winning the bid, the sale has to be confirmed. After that, motion for order of possession. After that order of possession is entered the current occupant will be served that order.

That occupant will have 30 days after that order to vacate.

I can give you a great referral of an attorney that handles this type of thing if you need.

Sean Cochran
630-330-2229
0 votes Thank Flag Link Thu Jan 10, 2013
There is a lot involved to obtaining this property including you may have more leins and property tax due before you win the home. I would seek great foreclosure attorney to guide you in this process. DO not be afraid of the fee as it will be worth it and the fee probably 1,000 or under.

Make sure you understand the law and your rights.


Tamara Schuster
Naperville Realtor Broker
Naperville and west Chicagoland
0 votes Thank Flag Link Wed Jan 2, 2013
Wow! I can't believe you bought a property a the sheriff's auction and didn't understand the entire process. That's a recipe for disaster.

Hopefully the occupants won't trash the home while they're being evicted. Offering a cash incentive is a good idea, but I doubt they'll be motivated by $500, after all, they've been staying in the home payment free for a long time now and moving would be a big expense.

You should also check and see if there are any liens and back property taxes which need to be paid. It would be a shame to lose the property to a tax foreclosure (no, a property tax lien is not wiped out by the sheriff's auction).

Mike Hagen
Realtor -- Buyer Representative
Goodwill Realty Group
630-248-2292
0 votes Thank Flag Link Mon Mar 5, 2012
Contact the Sheriff to start the eviction process. While that is 'processing' send a certified letter offering them $500 Cashier's Check if they vacate by xx date. I would not suggest approcahing them as it is just about always confrontational. Keep RealStar in mind if you need any other help. Congrats!
Web Reference: http://www.RealStar.com
0 votes Thank Flag Link Mon Mar 5, 2012
If you offer any monetary reward you should consider a requirement that the occupants leave the appliances, cabinets, blinds, lighting fixtures, ect. This happened to a home in our community and the occupants literally stripped EVERYTHING out of it before they left.
Flag Tue Jun 19, 2012
If the occupants are the home owner, follow legal procedure to evict them. I would not see or talk to them. Keep the relationship apart is the best for both of you, especially you. Give me a call and I can tell you more about my experience. 708.668.6391
Web Reference: http://Kkyan.com
0 votes Thank Flag Link Sun Mar 4, 2012
Under certain circumstances, yes. I'll can tell you how to make the best choice. Give me a call. 630-946-4688.
0 votes Thank Flag Link Sun Mar 4, 2012
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer