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tenant and foreclosure - Posted by larry-GA
Posted by larry-GA on July 04, 2005 at 19:28:13:
I have a problem tenant, who doesnt?
Hasnt paid since Jan '05, so I file for eviction. Between the filing and going to court, which takes about 3 weeks, the house goes to foreclosure, since I can’t afford to pay it without them paying the rent. Stupid me waited until April to file after thinking they would pay me something as they promised.
So we go to court and its a huge mess, but I get possession and a money judgment for 1 month. They tried to argue that since the house was in foreclosure, I was in default, not them. Even though they havent paid in 3 months now.
So I’m getting ready to go with the sheriff to get them out on Thursday and I get a call from them saying that they have an attorney who’s going to sue me because I let the house go into foreclosure, UNLESS, i work out a payment arrangement with them.
The house is still in foreclosure, but I want to attempt a short sale or something and I have to take a look inside the house to see how much work is needed, or else let it go. I don’t care at this point, my credit is trashed.
I don’t want to have to pay an attorney to fight their suit, so should I try to work out another payment arrangment with them?
I feel like I’m in a catch-22 here.
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Re: tenant and foreclosure - Posted by Wendell Higgs
Posted by Wendell Higgs on July 05, 2005 at 19:00:47:
Larry I am a mortgage broker and financial consultant
Call me 770-935-4888. Everyone is correct get them out and evaluate your situation. Mortgage companies do not want the property. There are solutions for your situation. feel free to call me at my office # above and I can help you evaluate your situation to come up witha benificial solution.
Re: tenant and foreclosure - Posted by Mike-OH
Posted by Mike-OH on July 05, 2005 at 06:16:33:
Larry,
Unfortunately, you don’t have a single problem, you have several problems.
Most importantly, it is crystal clear to me that you haven’t received enough education pertaining to real estate investing. You have failed to follow the most basic rules of investing, from having reserves to basic landlording principles. If you’re planning to continue with real estate investing, you need to do some serious homework before you try again. I’d strongly suggest joining you local real estate investors association. They can provide excellent information (especially on landlording). You could also have gotten the information that you needed from this site, various courses, books, etc. Buying and studying these materials would have been a LOT cheaper than the path that you have chosen.
You don’t have a tenant problem - you have a management problem! Not collecting the rent for several months is inexcusable. The key to sucessful landlording is to follow the lease TO THE LETTER. I absolutely insist that every provision of the lease is enforced. If you don’t intend on enforcing part of the lease, why have that provision in there? As a landlord, you are running a business - you are not running a charitable organization. You absolutely can not let your tenant’s problems become yours. Is this harsh? NO! It is a business and you must run it like one.
I just took over a small apartment building. One of the tenant’s hasn’t been paying the previous owner regularly and the previous owner has been playing catch with him - i.e. when the owner can catch up with him, he pays part of the rent. While cleaning another unit yesterday, I met this problem tenant. I told him that the rent was due tomorrow and asked him if he had it. He offered to give me $100 and I told him that we didn’t accept partial rent. Furthermore, I explained that if he doesn’t pay in full today, he’ll owe the rent plus a late fee before the 10th or he’ll be promptly evicted. I explained that the eviction will ruin his credit and make it very difficult for him to find another place to rent (especially after I tell my problem tenant story to every other landlord in town). I also explained that after the sheriff puts his stuff on the street, he should expect thieves to steal about half of his stuff (very true in that neighborhood). He promised to pay in full today, but we’ll see what happens. He’ll either pay in full including the late fee or he’ll be evicted! I’m taking a lease violation letter with me when I collect the rent today. He’ll get a 3 day notice on the 10th.
I collected the rent from another tenant on Saturday. This tenant hasn’t been mowing the grass and the yard is an eyesore. After I got the rent, I gave her a “lease violation” notice and gave her 7 days to mow the grass and clean up the weeds OR we would do it and charge her $50. It was cleaned up the very next day.
Fair and Firm (with heavy emphasis on firm) is the key to successful landlording. Dealing with tenants is a lot like dealing with small children. If you give an inch, they’ll take a mile.
Finally, don’t give in to extortion. Anyone can threaten to sue you at any time. Meet the sheriff on Thursday and give em the boot! And YES, they may sue you, but what is your alternative - let the animals run the Zoo???
Good Luck,
Mike
Re: tenant and foreclosure - Posted by larry-GA
Posted by larry-GA on July 05, 2005 at 05:53:28:
thanks everyone, i’ll just kick them out and go from there.
Re: tenant and foreclosure - Posted by RichV(FL)
Posted by RichV(FL) on July 05, 2005 at 05:02:48:
Larry,
Ok here is the bottom line. Do not speak to these people at all anymore. Do not negotiate a payment plan with them. Evict them asap. Get them out of your house and take charge of this situation. That should me your main goal at this point.
RichV(FL)
Re: tenant and foreclosure - Posted by elpinkat
Posted by elpinkat on July 05, 2005 at 24:46:00:
Listen to Kristine-CA.
You have a judgment and possession. Your immediate objective right now should be to get these people out as soon as possible. Do not take anymore phone calls from them. Negotiate nothing further with them. Cease further communication with them. If they call, tell them once to cease calling or henceforth put all communication in writing. And after that, do not take their call again.
The aim now is to get them out as quickly as possible. See to it that the sheriff gets to work soon and puts them out. That is your focus right now. You can deal with any other BS later. Again cease all further negotiations or communications with them. Do your darnest to get them out as quickly as possible.
Re: tenant and foreclosure - Posted by whyK-CA
Posted by whyK-CA on July 04, 2005 at 21:35:39:
Is this something you took sub2 from previous owner, who are now your tenant? Is that why they are going to sue you for letting the house to go to foreclosure? If they are just mere renter, your foreclousre has nothing to do with them, correct?
Re: tenant and foreclosure - Posted by Kristine-CA
Posted by Kristine-CA on July 04, 2005 at 21:13:57:
Larry: Go forward with the eviction. Man, take charge here. You are
the owner. Do not negotiate with people who obviously have you
wrapped around their finger.
Why do your tenants even know about the foreclosure? Did you
mention this to them, or has there already been publication of the
default?
If it were me, I’d ignore the tenants. I’d also stop taking phone calls
from them. If they call again, you can tell them that they are free to
send anything they need to in writing–or have their attorney write to
you.
See if you can do this without communicating with them. I’m serious.
It sounds to me like you do not have clarity about who is in charge
here. You already have possession and a money judgement? And you
are considering negotiating with these people?
There is NO Catch-22. You are not trapped in the least.
Also, next time, do not wait until the rent is 7 months past due. 5 days
is about right in my experience. I’ve been burned when I’ve let it go 20
days.
Best of success with this, Kristine
Re: tenant and foreclosure - Posted by Brad Crouch
Posted by Brad Crouch on July 04, 2005 at 20:12:02:
Larry,
Sorry to say this, but you did it to yourself. This is a good example of
why an investor should have sufficient cash reserves before getting
involved in a transaction where they are “holding” property.
Think about becoming a bird dog for a while, and then moving up to
wholesaling. After wholesaling for a while, you will accumulate enough
cash to allow you to stay in the middle of a deal.
Sorry you’re having this “real life” seminar. Kind of an expensive way
to learn.
Brad
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Re: tenant and foreclosure - Posted by Lee Gartner
Posted by Lee Gartner on September 04, 2005 at 12:10:43:
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Re: tenant and foreclosure - Posted by luke-NC
Posted by luke-NC on July 05, 2005 at 20:17:25:
please don’t do what mike-oh does and go in person collecting rents…please no…let them mail to you.
but do be sure you have that reserve for the next time you decide to own some RE. That would solve all your problems. That and being much more strict in your collection procedures…
tenant and foreclosure - Posted by Bill H
Posted by Bill H on July 05, 2005 at 19:23:17:
Good advice Gabe:
Napoleon Bonaparte said, “An army without discipline is a mob.” Landlord/tenant relations quickly evolvle in to exactly the same.
Good Luck,
Bill H
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2 good rules of landlording - Posted by IA Jeff
Posted by IA Jeff on July 05, 2005 at 07:33:21:
I am in charge.
The tenant is not in charge.
I don’t recall who gets the credit for these (Sean-CA?)
Great post Kristine.