tiffanyoday, Other/Just Looking in Riverside County, CA

HELP! Closed Escrow and they won't move.

Asked by tiffanyoday, Riverside County, CA Thu Jun 7, 2012

Closed escrow and went to start moving in and the sellers are still there and they say they are not moving out. We called the police but they said we have to evict them. What do we do?

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Wow! That's terrible. I've only had this happen once in the past 16 years and it worked out pretty quickly but it could have gone either way. It's so sad these days when there is so much an attitude of entitlement in society. Sellers often feel like their actions aren't hurting anyone and that they deserve something more than everyone else.

I agree with Scot, it sounds like a short sale. Perhaps the sellers figure they got away without making a house payment for several, several months so they might as well continue with their unethical behavior and string along the buyers. Unfortunately, your'e making payments for your house and they are reaping the benefits.

I would immediately begin the eviction process, which typically starts with a 3 day notice. Visit your nearest Superior Court and start the process right away because it takes time to complete. At the same time, negotiate with the sellers who are currently occupying your house and costing you money. Find out their reasoning and motivation. Do they just need a little more time? Like stated before, if you can afford it, offer them some assistance. But make sure you don't pay them till after they have cleared out completely.

So...where is the listing agent? Where is your agent? Are they working together to get the sellers to abide by their contract? They should be working together to get these people out.

Check out the link below for information on evictions in Riverside:

http://www.riverside.courts.ca.gov/selfhelp/howtoevict.pdf

Good luck and please update us here on this forum so we know how it turns out. We often provide advice and never hear back the outcome.

Ray Wright
Keller Williams Realty
Direct: 951-354-1303
Email: RayWright@kw.com
1 vote Thank Flag Link Fri Jun 8, 2012
I wonder if your lender could recind the sale, claiming fraud by the seller? Worth asking
0 votes Thank Flag Link Fri Jun 8, 2012
UNBELIEVABLE!
Where is the representation from the agent??????????????????????????????????



Jory Blake
951.742.3751
Web Reference: http://www.JORYBLAKE.com
0 votes Thank Flag Link Fri Jun 8, 2012
You have to evict them...where is the listing agent in all of this? That person should be of assistance. That said...you probably have to evict and then go after them for your fees. Sorry you are facing such an issue. It's rather unusual ot say the least!
0 votes Thank Flag Link Fri Jun 8, 2012
The bigger question is why did you close escrow knowing they were still in possession of the property.

What is your agents involvement in this. If you have an agent, I would call their broker immediately and find out how they allowed you to close escrow under these circumstances.

If you don't have an agent, you have no one to blame except yourself and you are in for a prolonged expensive eviction.
0 votes Thank Flag Link Fri Jun 8, 2012
Must be a short sale...have you offered them some kind of incentive to move...like pay for a moving truck or CASH incentive? Why won't they move out?? If nothing else works will need to start eviction proceedings immediately!!! I can refer you to a good, reasonable eviction company here in Riverside County. Good Luck....
0 votes Thank Flag Link Fri Jun 8, 2012
I've never come across a situation like this. You definitely need a real estate attorney who specializes in this area of law and knows your local area.
0 votes Thank Flag Link Fri Jun 8, 2012
Wow! Worst nightmare!

Contact a local attorney who specializes in real estate. Pray that they are not stripping and damaging the house while they are holding it hostage in it.
0 votes Thank Flag Link Thu Jun 7, 2012
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