Home Buying in Chicago>Question Details

Blue In Chic…, Home Buyer in Chicago, IL

I'm trying to buy a Homesteps home in Chicago. The cash for keys was turned down by tenants. I really want this home to live in. What can I do?

Asked by Blue In Chicago, Chicago, IL Fri Jul 22, 2011

now.

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13
Sometimes you just can't get what you want! Sorry
1 vote Thank Flag Link Fri Jul 22, 2011
Get Jeff to represent you.

Good luck and may god bless
1 vote Thank Flag Link Fri Jul 22, 2011
I just met up with a tenant in a similar situation two days ago...we were performing a historical appraisal for Fannie Mae on a foreclosed property and the tenant wasn't friendly. She was P----d that the landlord got foreclosed on and she didn't find out about it until a posting showed up on her door for the foreclosure auction. She has NO desire to move.
Possibly this is the case with the tenant in the property, maybe it is not.

There are a lot of good suggestions here in the thread. Another thing to consider is that if the property has been foreclosed, then by law the tenant will be moved out because of the way the foreclosure laws work in Illinois which is slightly different than a traditional eviction of a tenant in a non-foreclosure situation.
If you are not working with a qualified attorney, as well as a talented Realtor familiar with distressed properties, then I encourage to take this step first so you get the best guidance to accomplish your objectives.

Michael Hobbs
President
PahRoo Appraisal & Consultancy
Web Reference: http://www.pahroo.com
0 votes Thank Flag Link Thu Jul 28, 2011
Before you start putting flaming bags of dog poop at the door's of the recalcitrant tenants, try to talk with them. Getting lawyers and papers and robots involved doesn't help anybody. They may actually want to stay on as your new tenants and pay rent, perhaps a bit lower than market, but still pay. But conjecture does nothing so you need to talk with them. Worse case, after the stink bombs fail to work, is the eviction process, which works. It just takes time if the tenants want to play the system. But not all tenants do this. Think positive. There is a solution.
0 votes Thank Flag Link Sun Jul 24, 2011
Blue- I know the process and as a listing agent engaged by Freddie Mac I believe I'm well qualified to help you out. I can be your "guy on the inside" to get you through this. If you are serious about buying this home, give me a call.

Jeff Nobleza
Baird & Warner
773 770 7530
0 votes Thank Flag Link Fri Jul 22, 2011
The courts are on the tenents side, you can consult an attorney or move on and find a better fit.
Debbie Bergthold-Smith Classic Real Estate 708-267-5552
0 votes Thank Flag Link Fri Jul 22, 2011
There is nothing you can legally do to remove the person from the property. You will have to wait until justice is done in the removal of the occupant. You have no legal right or interest in that home to approach them.
0 votes Thank Flag Link Fri Jul 22, 2011
Blue,
If a cash for keys offer was turned down by the tenants they will most likley be served with an eviction notice and then evicted if they do not move. Have your agent contact the sellers agent to find out more details. You will have to wait out the process or move on to another home if you need one right away. If you have a contract on this home and are waiting to close contact your attorney for assistance.

All the best,
Gary Geer

http://www.GaryGeer.com
0 votes Thank Flag Link Fri Jul 22, 2011
Hi Blue,

Unfortunately, no you have no other options, none that are legal anyhow. If you close with the tenants still living there you will have to evict on your own. This can take up to 3+ months to go through the legal process.

I would be seriously concerned since they turned down the cash for keys. Have you or your attorney or the sellers attorney tried talking to the tenants? Find out what their issues are and maybe you can offer a solution. Could be a language barrier prevented them from understanding cash for keys, it's a thought.

Good luck!
0 votes Thank Flag Link Fri Jul 22, 2011
Blue,
You can talk to an attorney, but know that in Illinois, the laws protect the tenant, not the landlord.
Web Reference: http://AmericorpRe.com
0 votes Thank Flag Link Fri Jul 22, 2011
Agree with Jeff and depending upon when you close, if you are heading into the winter months, it gets hard for the court system to agree to evict during those months.

I suggest also to reach out to an attorney and have him/her discuss all your options and the costs, possible time frame to evict.

Best of luck,

Barb Van Stensel
Keller Wiliams Lincoln Square
2156 W. Montrose
Chicago, IL 60618
0 votes Thank Flag Link Fri Jul 22, 2011
In response to Jeff. That is the situation. I am looking at possibly having to going trhrough with the closing and then having to try to get them out myself. Can be costly. Is it worth it not sure. I was just wondering if there are any other options?
0 votes Thank Flag Link Fri Jul 22, 2011
I am a Freddie Mac/Homesteps listing agent and I believe these are your options.

Is the home listed for sale? If it is not, all you can do is wait as the home may be under redemption or other issues may be at play (will they evict tenant, will they make servicer repurchase property, etc).

If the home is listed for sale you can put in an offer on the property and you can agree to take the home with the tenant in it and you can try to get them out yourself. However, with this option you take on all risks attached to the tenant.
0 votes Thank Flag Link Fri Jul 22, 2011
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