Bramha Agraw…, Real Estate Pro in Hollywood, FL

Bought Occupied short sale property through auction.

Asked by Bramha Agrawal, Hollywood, FL Sun Dec 9, 2012

Bought an occupied residence through auction. The auction company says it is buyer's responsibility to vacate the occupant. The occupant is short seller. In most cases buyer would not close the transaction unless the property is vacant. In this case buyer has waived that right by accepting terms and condition of the auction company. In the event that occupant does not vacate, what are the steps to get them evicted.

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8
Marsha Umans…, Agent, Tamarac, FL
Sun Dec 9, 2012
What makes you say you bought a "short sale"? Who was the Seller? What kind of deed did you get? Are you sure the current occupants are the ex-owners and not the tenants with a current lease? If you bought a foreclosed property that was delivered occupied than you have to deal with the eviction. Please keep us all posted on what really happened. Thanks and good luck.
1 vote
womannb, Home Buyer, Belleair Beach, FL
Mon Apr 14, 2014
If you bought in Illinois call Law Office of Beth Mann 708-429-9999. They know everything about real estate & are very people oriented.
0 votes
John Bourassa, , Fort Lauderdale, FL
Mon Dec 10, 2012
Unless you didn't express your comment/question properly, Marsha and Barbara are right: "What makes you say you bought a "short sale"?" and "If it was a short sale, then I am assuming that the property did not qualify for sale through an auction."

I think you need to first find out what you bought (a short sale or a house through some sort of auction (and did that auction have the right to sell that house in the first place?). Then, if you are the new rightful owner of that house, then you need to start an eviction process.

At this point, I recommend that you seek a real estate attorney to verify your property title and help you with the eviction process.
0 votes
Patricia Sal…, Agent, Fort Lauderdale, FL
Sun Dec 9, 2012
You can go to the courthouse , pick up an eviction package. Fill out the forms, attach the proper amount due and file the eviction.
0 votes
Barbara East…, Agent, Myrtle Beach, SC
Sun Dec 9, 2012
If it was a short sale, then I am assuming that the property did not qualify for sale through an auction. The deed is still in the owners name and would have to be signed over for it to be sold. I would definitely contact an attorney.
0 votes
Stefanie Coh…, Agent, Weston, FL
Sun Dec 9, 2012
You most certainly need to speak to a real estate attorney who specializes in short sales.

Good luck!
Stefanie Cohen PA, ABR, SFR
Prudential Florida Realty
0 votes
Danielle Sha…, Agent, Cape Coral, FL
Sun Dec 9, 2012
You will need to consult a real estate attorney that can advice on the legal process for evicting the previous owner/tenants. If its a short sale I'm not sure how you purchased it at auction though. Without bank approval of the short sale how did you close the transaction?
0 votes
Bank agreed to short sale and listed with auction company to have it sold. There is also a listing agent who probably is negotiating with bank for them to agree to do the short sale. Previous owner is not a tenant, because there is not a rental/lease agreement nor has new owner accepted any money towards rent. At best it is a case of tresspasser or squatter. The property is not bought from the owner but bought from the bank so the question of who the seller is not clear. In this hypothetical scenario, we are trying to evict the owner who we know nothing about. Short sales should be an arm's length deal where property is vacated prior to closing. My question is what is my right to delay the closing because the property is not vacant or vacate an occupant who might have certain rights under foreclosure laws. Apparently I do not have much rights against the auction company, actually I have the obligation to close the transaction.
Flag Sun Dec 9, 2012
Michael Cheng, Agent, San Jose, CA
Sun Dec 9, 2012
You should start by sending an eviction notice. If that doesn't work, get the sheriff involved.
Web Reference:  http://www.archershomes.com
0 votes
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