Should I evict the sellers after short sale even if the bank has rejected the payoff?

Asked by ngoclan42, Los Angeles, CA Tue Oct 16, 2012

We closed escrow on 09/20 after 4 long months. The sellers are still refusing to move because BOA told them that the short sale was canceled and they still owed the loan. The tricky part in my case is that the short sale Bank/ BOA has rejected the payoff wired by The Title Company after close of escrow in favor for the Sellers to continue their loan modification application, even though the Escrow was closed and the Grant Deed was recorded, and I deposited full payoff amount to Escrow on 09/19 after I received email from escrow stated that the Seller side was cleared BOA approved the final HUD on 09/18. The title company and the agent's brokerage company stated that BOA was wrong and that the bank has to accept the payoff, and also confirmed that the house is mine and all I need is to evict the sellers out. I finally served the sellers 3 days notice to move out, but they are still refusing move. Should I continue the eviction process? Please help. Any advice is highly appreciated

Help the community by answering this question:

+ web reference
Web reference:

Answers

13
Maria Cipoll…, Agent, Coral Springs, FL
Sun Oct 21, 2012
Definitely, you need an experienced real estate attorney to help you clarify this situation.

Best of Luck,

Maria Cipollone

http://www.Flahomespecialist.com
1 vote
, ,
Fri Oct 19, 2012
An attorney can help you to solve this problem.
Web Reference:  http://resocialclub.com
0 votes
ngoclan42, Home Buyer, Los Angeles, CA
Thu Oct 18, 2012
Yes, I have Title Insurance.. They still trying their best to convince BoA accept the payoff. They may end up having a lawsuit. I don't know how long it takes though
0 votes
Terry McCarl…, Agent, Cape Coral, FL
Wed Oct 17, 2012
You need to RUN - NOT WALK - to an attorney that specializes in real estate law. This is outside the scope of a real estate agents expertise and we can not give you legal advice which is what you need.
0 votes
Morcos Azer, Agent, La Habra, CA
Wed Oct 17, 2012
I do not think you should worry now about eviction and position of the property. I believe you should be concern about a clear title of the property. Good Luck
0 votes
Douglas Perez, Agent, Los Angeles, CA
Tue Oct 16, 2012
You can get some eviction notices forms for free at http://www.evict123.com
0 votes
Morcos Azer, Agent, La Habra, CA
Tue Oct 16, 2012
This is a Title issue. Did you get Title insurance, and what is the title company is saying?
0 votes
ngoclan42, Home Buyer, Los Angeles, CA
Tue Oct 16, 2012
Does anybody have a 3 notice sample for previous owner after a short sale? Some lawyers said .3/90 foreclosure notice to quit is the right one, but other lawyers said it is not the right one. Any help is highly appreciated Thanks a lot
0 votes
Douglas Perez, Agent, Los Angeles, CA
Tue Oct 16, 2012
Get a free legal advise from attorneys at http://bit.ly/XjToKC

Good luck.
0 votes
Thank you very much Douglas
Flag Tue Oct 16, 2012
Sara Mehrpou…, Agent, Los Angeles, CA
Tue Oct 16, 2012
You need to contact an attorney if you have not already done so. This sounds too complicated for you to take on by yourself. Just my opinion. Good luck.

Sara Mehrpouyan CDPE
Specializing in Foreclosure & Short Sale
Rodeo Realty
Direct 818-903-2040
Dre License #01712757

http://www.Short-Sale-Vs-Foreclosure-Help.com
0 votes
ngoclan42, Home Buyer, Los Angeles, CA
Tue Oct 16, 2012
I would never make this up. It was a nightmare for us. I really need help. I have the recorded grant deed and title policy, Also, can someone give me an advice of how many days of notice to the previous owners should I serve if they refuse to move out after short sale. I served 3 day notice but an attorney said it can be 30 days notice for a short sale rather than a foreclosure. I just want to make sure I serve the right notice, thanks a lot in advance for your advice
0 votes
nobody can give that kind of advice without many many questions being answered. Serving the right notice is an absolute necessity. Contact an eviction specialist ASAP.
Flag Fri Sep 26, 2014
Ron Thomas, Agent, Fresno, CA
Tue Oct 16, 2012
You're making this up; right?
It could make a good book if we throw in a gumshoe and a Lawyer; maybe a good looking gal who used to work for BofA.

Seriously, I can't imagine BofA refusing to recognize the SALE.
Have you checked with the County Recorder's Office to see whom they show as the legal owner.
I would have all the documents in your hand before you try to evict.
I would then contact an Eviction Service so that you're doing it by-the-book.

Good luck and may God bless
0 votes
Rolly Philli…, Agent, Lewiston, ID
Tue Oct 16, 2012
If you have closed and recorded the property is legally yours no matter what the bank says. Call the local sheriffs office and prove to them you have legal authority on the property. And that they are now trespassing on your property. But as squatters they probably have more rights then you do. Make sure you provide the proper documentation for the officers. Or they will tell you its a matter ofr the courts to decide and they might anyhow.
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more