Auction.com has this on nearly every property listed. There is a home I am interested in and the garage door is open a foot and the garage is half full of the owners belongings. There are scattered belongings in the house as well as a cat w feces scattered. I actually called the police to check out the place for the cats sake- My question- Do I have to go through an eviction process or what if there are people living there or wanting to live there. Do they have any right to the home once I purchase it- Can I remove their belongings/trash them.
Yes, you have to evict them, or offer them cash for keys.
Do they sign an agreement cash for keys. lets say they agree to give me keys prior to auction and then I buy the damn thing and they change their mind...or keys and out prior to auction. Again, you never know if your going to end up winning the auction or not.
No, you do it after the Auction. What Wayne is referring to is not a formal agreement. After you purchase, approach them sympathetically and offer to help with their move out by offering them cash, or pay for a moving truck, or both, etc....
This is much more efficient than filing for an eviction, which is costly and time consuming. If they don't move out on their own free will, you'll have to hire an attorney who files a motion with the county court to obtain a "writ of possession", which you then take down to the local sheriff's office to get the eviction. The whole process could take up to 3 months and $1K+.
Yes, as @Chad U. said. Now, the auction site will say"do not go on property, it's criminal trespass....etc". Not that I have done it of course, but if you simply knock on the door, have a sympathetic type conversation with the occupant, you can find out if they are the owner, a tenant, ask about their intentions, etc. you'll have a much better idea of what you'll be facing later. The occupant knows it's being auctioned, and may be anxious about what will happen to them. You won't be arrested.
some owners are really pissed at the whole system and the fact that they put down 5%, spent X amount in remodeling and now ..somebody is buying the place for 20c on a $. ...so before they leave ...they might decide to "subtract" some value ...concrete poured into plumbing, ripped off whatever can be sold, cabinets gone etc ...so buy ONLY at a huge discount assuming its a total rehab. if a place is bought unseen. ...pull comps in the area ..and figure you need to spend e.g. 50K for full gut rehab. then figure is it still worth it ..whats the going rate in the area ...
as far as owners ...if they see you ..they figure they face the person now ..not the system. it might be good or bad ...many unknowns. but hey ..no risk no freedom
Thanks. I may have been able to see the place as a door was unlocked and clearly vacant:) It was decent inside w only smells from fridge and a cat that could get out through the open garage door. NO damaged walls. Cant say anything about plumbing. I took a quick look into the attic and looks good. clothes and crap everywhere...i assume theyve been long gone. No electric
There are personal property disposal laws for your state where the property is in and eviction guidelines.
Your trash might be their treasure and they might come back from wherever they are staying.
The bottom line to all of this is you have to offer a lower price to buy at auction because you are dealing with this issue. If the seller is looking for top distressed dollar and dumping that whopper of a problem to handle let the other buyers take it on and pass.