Just bought the house in foreclosure and found tenants in the property that state their landlord did not tell them anything about foreclosure and they don’t care to move out or give me the contact info for the owner. This is new situation for me and I really can’t figure out what to do and where to go. Yesterday I gave them notice of my own that property is sold on foreclosure auction and according to court clerk the owner has 10 days right to redeem but they looking at my silly.
Also, I think I found address of the owner (3 hours away from here) and his phone # (active?), I did not call yet because I am not sure that I should do so.
You mean to go to court? 2-3 months process? I used to move out owners before and that time I gave them cash for keys. It took less then 2 weeks. But they are tenants now and the owner out of town. May it happen I pay tenants to leave and then the owner shows up for his share?
You might want to check with an attorney. There was a law (Protecting Tenants from Foreclosure Act) that went into effect in 2009. It was supposed to expire in 2012, but I don’t know if it was extended or not. Under this act, generally speaking, tenants who were on a month to month had to receive at least 90 days notice and tenants on yearly leases had to have their leases honored. They could not be family members of the previous owner, and they had to be paying market rent.
Even if this law is no longer in effect, I would ask them to provide a copy of their lease and proof of payment for the last 6 months. If they can’t provide proof of rental payments, file for eviction.
I usually tell people that if they move out before the court date, I will not pursue them for any rent. Most will do that.
do they not post notices on the property in your state??
In Indiana they check to see who lives there (if anybody) and serve them notice.
If youre planning on renting the home get an application from them and any lease documents that they signed with the previous owner and if theyre worthy of renting it then sign a new lease.
If theyre paying and taking care of the place then its not their fault the home was foreclosed on.
Natalie, your answer as usually is stunning me with your knowledge and wisdom.
But here is the situation I am in now:
Occupants never gave their identity and in fact when I tried to negotiate with them the next step to proceed, they called police and police chased me away demanding not to harass them. Occupants never gave me their identity and police refused to disclose it to me in spite of my several requests… until yesterday when I filed eviction for none-payment as to unknown tenant(s). Now, when I got her name I see that she is listed in public records as one of two former owners of the property. Here is quotation I got from Google regarding the owner eviction after foreclosure sale:
“In Florida, state law wraps an eviction of a former owner into the foreclosure process by authorizing the court to issue a writ of possession for the foreclosing lender or auction buyer after issuance of the certificate of title. The writ is then given to the sheriff for execution. This results in the sheriff posting the property with a notice demanding vacation within 24 hours. The sheriff returns after 24 hours and forcibly evicts the occupants.”
Now I have filed eviction with Defendant as unknown Tenant(s) and the actual former owner occupying the property with allegedly 3 teen kids.
I call back to Police to notify them that occupant is a former owner why she is not evicted right after sale? The answer is they don’t have writ of possession or so, go to lawyer, library, (read: leave us alone).
Meantime occupant already removed metal carport, broken window appears, and to this date since sale date Feb 6, 2013 I did not have a chance to inspect the property inside and police demanding don’t go there, don’t take pictures.
Case is worsen by situation that today is Sat and on Mon I am leaving the city for a week and cannot do nothing about that.
Offer them money to leave the house in good condition. Of course, don’t give them the money until they’re gone.
Proceed with the eviction. In my area the police consider it a civil matter, and they don’t get involved unless someone trespasses after eviction. You must get your judgment from the court, and the sheriff’s dept will handle removing them from the property.
Legally, you should have no problems getting them out. Been there, done that.
Occupant is a former owner and I filed eviction for tenant! I see that court will through my eviction base just on this fact!
They will make me to start over and meantime occupants should be evicted way back on the day of the sale!
I thought to contact the sheriff and see what did he do with that writ of possession but I guess he is not available by weekend and on Monday I am leaving for vacation, cannot give that ticket back.
Do you think that sheriff just failed to evict her?
Ok, it is getting really tricky and Natalie is right again.
I found from processing server that since bank never owned the property but sold it right away on foreclosure auction it means that writ of possession was never issued by bank and this is only my problem to evict that former owner. Server says that my processed eviction for tenant(s) will be fine for former owner as well.
I feel so p.off with this occupant in the house, she ignores all the laws, human and legal, she is wrecking the property and simply pushing me to civil court to press charges for damages and losses she is causing me.
Does anyone have experience in court seeking reimbursement for damages from unwanted occupants?