Eviction after Foreclosure - Posted by JohnK(CA)

Posted by Doug on December 14, 1998 at 06:00:02:

Yes I must agree with Joe here… If you are taking a property that was foreclosed and the previous owner is still residing in the property than I highly doubt you have even been inside the property to view it… Alot of people who lose there homes in foreclosure get a destructive urge and destroy the property. A furnace or destroyed walls can add up to a nice penny… I once saw a foreclosure where every wall had huge holes kicked into them, the carpets all had paint on them as if someone walked form room to room with an open paint can pouring the piant on the carpets and to top it all of they took all the kitchen cabinets and counters…95% of the times you can expect them to take the appliences… So think long and hard… And YES it is your responsibility to evict them…

Douglas Timko

Eviction after Foreclosure - Posted by JohnK(CA)

Posted by JohnK(CA) on December 12, 1998 at 14:31:27:

I was wondering if it is common for a home owner who has been foreclosed on to remain in the property. Does this require the trustee,the bene.,or new buyer to to go through an eviction process?
If I won the bid at a trustees sale, would I be responsible for removing the former owner?

Thanks for your input. This is my favorite place to lurk.

Re: Eviction after Foreclosure - Posted by John Katitus

Posted by John Katitus on December 16, 1998 at 01:40:54:

It appears that Tim has given you the proper information for CA. For the information of others interested in foreclosure properties here it is for Ohio:
A “Writ of Possession” is filed with the County Sheriff after the deed is in the buyer’s name. Filing costs $25. The Sheriff goes to the house and notifies the occupants (tenants or previous owners) that they have 30 or 45 days to vacate. If they don’t leave, the Sheriff sets up an appointment with the buyer to meet at the house and supervise the forced move.

Incidentally, you can go to Small Claims Court and recover all costs, including moving, the Writ, and rent from the date you received title until they were moved out (even if they moved themselves). Maybe your state has something similar.

Re: Eviction after Foreclosure - Posted by Tim Pannabecker

Posted by Tim Pannabecker on December 14, 1998 at 10:30:29:


Evictions after a foreclosure or tax sale, in California, are fairly common. The issue that is not common is that you evict them based on statutes of a “hold-over owner” not landlord/tenant statutes. This is not much more burdensome than most evictions, but if you don’t use the proper forms you will be in for a big surprise. Right on the typical Complaint it states that this form is not to be used in the event of a hold over owner (loosely paraphrased). In short, it is my contention that a foreclosure/tax sale property MUST be an exceptional deal considering the legal implications, no inspection rights, all cash requirement and no warrenties of ANY type. Caveat emptor.


Re: Eviction after Foreclosure - Posted by Irwin

Posted by Irwin on December 14, 1998 at 07:51:25:

Joe & Doug are mostly right in their comments. I’ve spent the last 6 months trying to get possession from a mentally disturbed lady. I also bought one sight unseen at a Marshal’s foreclosure sale, and it looked like someone had just fininshed redecorating the day before they moved out.(New paint, carpet, cabinets.) Both ends of the spectrum are rare. You can assume that the house will be in need of repairs, simply because the people didn’t have the money to take care of it properly. You have to factor in these potential problems in figuring out how much to pay.

Re: Eviction after Foreclosure - Posted by Joe Kaiser

Posted by Joe Kaiser on December 12, 1998 at 16:37:24:

I suspect if your statutes are anything like ours (Washington), that homeowner turns into a tenant and if he doesn’t want to leave, you have little choice but to evict. That’s in you, the successful bidder, get to evict (and pay for).

It’s one of the very reasons I refuse to buy at trustee’s sales.

It can get real crazy if it’s a homeowner who’s accumulated years and years (or decades) worth of possessions. That’s more than a few items that need to be moved to the curb, and it had better be a very long curb.

Beneficial foreclosed in my town one time and placed everything into storage (it used to be a common myth around here that you had to store everything). It ended up taking 5 moving vans and costing $10k just to empty the house. That’s precisely $10k more than they’d counted on and they dealt with the storage of the property for over a year. You can bet when they found out it was all a needless exercise, someone wasn’t too happy.

You ought to figure out exactly what your local law is prior to jumping in with both feet.