Short Sale - Evicting Owner's Son - Posted by John_Q_Investor

Posted by B.L.Renfrow on February 26, 2004 at 09:29:20:

BPOs are typically done as drive-bys.

As for evicting the tenant, if you have the deed you are the owner, whether it’s recorded or not. I’ve never heard of a judge going over to the clerk’s office and pulling up the deed during an eviction case!

However, not a lawyer, so if you want legal advice – which is not a bad idea if you’ve never done an eviction – you should pay an attorney to handle it.

Brian (NY)

Short Sale - Evicting Owner’s Son - Posted by John_Q_Investor

Posted by John_Q_Investor on February 26, 2004 at 02:20:57:

I’m working on a short sale deal right now with a tenant inside. The tenant is the son of the owner and he has not paid rent in 1 year. The father finally had it (the house is a few payments behind) - he deeded me the house, is willing to work with me on a short sale and told me to get his ***** no-good son out of the house.

So do I need to record my deed in order to have the legal right to file eviction? Also, how in the heck is the bank going to be able to do any kind of BPO with this tenant there? This guy is so nasty he and his father almost got into a fist fight when I looked at the house!

Thanks for any advice.

Re: Short Sale - Evicting Owner’s Son - Posted by Elizabeth

Posted by Elizabeth on February 26, 2004 at 12:00:12:

I had a similar situation. You have a few options. If the son is living like a bum which I suspect he is in light of the free rent & his refusal to budge, you can call the city/county health dept. (anonymously of course from a public phone) & report that someone is living in unhealthy & dangerous conditions at that address. The health dept will probably remove him if in fact that is the case. You can also take on the responsibility of locating alternative housing for the son which will be extra work for you but will payoff because you become the good guy to the son & you can then make your deal. In this economy, courts are loathe to automatically evict tenants & will probably give him extra time to find another place to live which doesn’t accomplish your goal.

I always try to avoid hostile or adversarial relationships with tenants because they can trash the place before you actually take possession.

Good luck.

Now the fun begins… - Posted by DaveD (WI)

Posted by DaveD (WI) on February 26, 2004 at 11:30:46:

You shouldn’t be getting a deed in the first place if you aren’t planning to record it. I know why… you don’t know if the lender will discount, and you don’t want to eat the monthly payments either. If you aren’t willing to get that straightened out, you shouldn’t be in the deal. The guy has a problem and is bailing… and he trusts you to step up and take responsibility and control. If you put your deal together well, you should be paid handsomely for handling an ugly problem. Not a time to be slick or waffly. Get the legal process going right away. Unless you are very familiar with the process in your state, get competent help.

When stuff starts coming down on sonny like a ton of bricks he may be chicken enough to vacate sooner, rather than later. But he can dig his feet in if “he knows his rights.” Amazingly, they usually know their rights, including their right to hose a landlord. Expect it and plan accordingly.