Foreclosure: How to evict a non tenant, non former owner?

4 Replies

I bought a foreclosure house on a online auction but the house is occupied. I went to talk to the person living in the house but nobody answered to the door so i left a note with my info in the mailbox but never got a call. I went back few days later and the person living in the house is the former owner's nephew, he said his uncle died last year and he didn't know the house was sold. I gave him the 3 day quit letter asking him to leave and he told me that he went to see an attorney but he needed at least 30 days to move out. I told him I understand but I really needed him out in within 2 weeks. What do I need to do if he does not want to leave? He doesn't have a lease contract and he is not the former owner. Does he has any rights on the property? I have never had to evict anybody before so I am clueless on what the process is. Help!

Originally posted by @Liliana Lopez :

I bought a foreclosure house on a online auction but the house is occupied. I went to talk to the person living in the house but nobody answered to the door so i left a note with my info in the mailbox but never got a call. I went back few days later and the person living in the house is the former owner's nephew, he said his uncle died last year and he didn't know the house was sold. I gave him the 3 day quit letter asking him to leave and he told me that he went to see an attorney but he needed at least 30 days to move out. I told him I understand but I really needed him out in within 2 weeks. What do I need to do if he does not want to leave? He doesn't have a lease contract and he is not the former owner. Does he has any rights on the property? I have never had to evict anybody before so I am clueless on what the process is. Help! 

 All things being equal, no. I would immediately send this to an eviction attorney. The few hundred you spend with them will save you thousands down the road. Family of the previous owner do not get the same protections as a non arms length renter does. Those people get a minimum of 90 days whether they have a lease or not and if they do, the remainder of the lease, provided the lease is at market rate. Family or the former owner can get their three day notice and an eviction if they don't move after. Again, assuming there is nothing more to what you wrote.

Originally posted by @Liliana Lopez :

I bought a foreclosure house on a online auction but the house is occupied. I went to talk to the person living in the house but nobody answered to the door so i left a note with my info in the mailbox but never got a call. I went back few days later and the person living in the house is the former owner's nephew, he said his uncle died last year and he didn't know the house was sold. I gave him the 3 day quit letter asking him to leave and he told me that he went to see an attorney but he needed at least 30 days to move out. I told him I understand but I really needed him out in within 2 weeks. What do I need to do if he does not want to leave? He doesn't have a lease contract and he is not the former owner. Does he has any rights on the property? I have never had to evict anybody before so I am clueless on what the process is. Help! 

Another option you might want to consider is offering cash for keys. You offer the occupant a payment (typically no more than 1% of the value of the house but it's up to you and what the occupant will take) in exchange for him to voluntarily give up possession of the property. Main advantages are:

1. A more cooperative occupant who is less likely to trash the place or fight you in court. (A few people, however, will use this as a delay tactic to stay in the house longer and will not follow through.)

2. Promise of a shorter timeline than eviction

I'd offer the guy $500 to leave in 30 days and see what he says. A lot of borrowers are savvy enough to know and expect that a cash for keys offer is coming after foreclosure. You can find these agreements on the internet but I'd suggest an attorney to help you on this one. The reason why is I've seen posts on Alabama and foreclosure. I believe that AL has a one year redemption period after the foreclosure sale. Some borrowers will wait until the year is almost up and then file a court case preventing the new owner from doing what he wants with the property.

For the CFK transaction, you want to get the signed written agreement ASAP. On move out day, you or your agent do an inspection to verify that the occupant has left the property in broom swept condition. Then you hand him a check.

 

@Liliana Lopez I have a hard time believing this guy didn't know what was going on. Mail would continue to go to his home. Foreclosures don't happen overnight. I would go straight to an attorney. Don't try to handle this yourself.

Straight to a a lawyer that is the only option you have now that guarantees that you will get them out.  It’s worth the money in the long run to have it done by a lawyer.