What happens if I buy a property from the steps and it’s still occupied? How do I get the previous owners out of the property if I’ve purchased their home while they still have possesion?
Thanks for your help!
a law firm that handles properties in texas informed me that you should go to the occupants with the deed and identify yourself as the new owner. if they still will not vacate (you may want to give them some reasonable time to move out) then the next course would be to contact the constable’s office. hope this is useful and good luck.
Thanks for the tip…anyone else??
I’ve heard that the eviction process can be lengthy considering they were in “posession” of the property.
I’ve been in contact with a couple of lawyers, but I haven’t found one yet who is really in tune with what I’m hoping to do here.
Any more thoughts would be appreciated!
Good Morning,
In the future the way to handle that type of situation is to put it in writing, preferrably in the Purchase Agreement, 'that upon you taking possession of the property that the owner occupants will have ‘X’ amount of days to vacate the property, at which time you will be changing the locks, have them sign and have the document notarized. Notarized documents have a 99% success rate if and when you have to get a lawyer or go to court.
Thanks for your time, I appreciate your input!
Buying from the courthouse steps is a fairly hostile event in the eyes of the home owner. It’s at a point where they’ve given up hope of retaining any ownership in the home, are broke (probably) and may have, in some cases, few options for a roof over their head.
Given that, I have a feeling that getting them to sign any kind of document, in front of a notary no less, would be very difficult. There is no purchase agreement, the property is purchased as is, where is, and I would assume that includes any inhabitances.
Some of the properties going across the block are actually attractive deals and, as it’s going to be the most consistent source for under-valued real estate in my town, I really hope to make a good run at it.
The numbers are attractive enough to accept a certain amount of risk. However,
What kind of rights do the previous homeowners have if their home is sold at auction before they have vacated said premises. Is the evicition process long and drawn out as I purchased the property (as is, where is) and accepted it with them still technically possesing the dwelling???
Thanks again!
What state all states are different. I always just pay my attorney the 200.00 to do this makes it real easy!
If your are in Texas, well it’s not that hard.
If you are in states like New Jersey, well it’s not so easy & it can take months.
The last one I did, I actually paid their first month rent to move out, cost me 1750.00 but saved me $$$$$$$$.
First thing I would do is go talk to home owner, see where they stand.
We buy an average of about 3 to 5 houses per month in sheriff auction & I can tell no two deals have been the same.
I have had this exact problem. I will tell a bit about the metamorphsis that has taken place when it comes to how I take posession.
The formal evection:
Payed the city two hundred to set a court date 2 weeks away, wich my deadbeat tennant has to show up at.
I post the court notice on the door.
Court date comes, deadbeats dont show, I ask for an immeadate writ of recovery, based on backed rent, destruction to property, drug dealing, whatever… so I dont have to wait another month.
I file the writ of recovery with the sherriffs office along with a 200 deposit in case I need their help getting the jokers out.
Set a date for the police to come get them out and try to get them out before then so you can get your deposit back.
-Maby I am just crazy, but Nowadays I have been hardened a bit when it comes to people squatting on my property… what I do is simply give a writin notice to vacate that offers a reasonable time to move, (dont be a monster), I try to offer any financial bone that seams reasonable to get them out, (based on lost potential rents and delayed work) Then when they dont honor that, I pick a day, buy 4 cases of beer, and throw a party on the property in question, in wich I fill the house with contractors, friends, etc. (safty in numbers), I fein indifferance to who ever is there complaining about it and just cut the power and begin “renovating”, I tear things apart loudly untill the unwanted party figures out the fact that they no longer want to be there, at wich point said friends and contractors aid in the removal of their personal effects and celebrate when its all said and done with the 4 cases of beer… If they STILL wont leave after the third day of these schenanagans, the situation is then a hostile one and I do a formal evection. I dont just start throwing their stuff out on the street, honest.
I feel that I should add, You might want to review such gun-ho tactical manuvers like that one I just outlined with a lawyer first as I am not one, But I am a resonable person and I try to be more than fair with how I deal with people, THAT being true, I welcome to oppertunity to confront tenants in front of a court should they decided they want to sue me for something, It has never happened because they always are SO in debt to me and the situation in general that a court appearance will be a losing proposition for them.
Onemore thing, Being there (on the property in question), Often and for as extended a period as possible, will normaly solve these kind of problems without any fuss. I set up a bedroom in every house I buy for this exact reason. People simply need to realize that there is REALLY a new owner, that is going to be there, not leaving them alone, and they typicaly start making their own arrangements to vacate in my experience.
I saw a post on another board where a guy had his buddies in a biker gang come over and do a few burn-outs in the front yard and inform the squatters that they (the bikers) were moving in. Probably slightly questionable from a pure legality standpoint, but highly effective and a bit of justice in a way.
Hehehe thats funny! Your right, who knows if such “real world” approaches are really legal but it IS saitisfing to hear stories like that now and then. $core one for our side!
DOWN with the Squattage!