Eviction after auction

8 Replies

Hello everyone I brought an occupied property From xome.com and the terms and condtion of the sale was clear that they are selling that property as occupied. I tried to talk to whoever live in the property but they refused to talk and wanted to call the police, which is crazy since I own that property now how can I evict them ? ? The property located in Philadelphia, and if anyone know a good evction attorny I can use please let me know? .

@Ahmed Nijim as a newer rehabber I've purchased a number of auction and foreclosure properties, but I never consider occupied properties because I don't want to deal with the hassle of evicting the current occupants. I can't help you with a good eviction attorney, but I thought I'd give you a little idea to consider. If you can figure out an effective process for clearing out occupants from auction purchases, this could become a niche for you. Where all the people like me avoid those properties, you could go in, apply your process, and have a nice source of deals. Best of luck to you!

@Chris Jensen thats why I got this property from the first place it was 51 k ARV 159. There is definitely potential but as you said I have done easy flips where the property is vacont. But right now there is so much competition in Philadelphia and its not easy to get great deals. I knew at a point of my career I will run to this issue and want to force myself to deal with it so I can learn and apply that in following project's.

Try "cash for keys" and otherwise would consult an attorney.  Are you involved with DIG?  If not, that group would also be very helpful.  @stevebabiak may be helpful as well

@Ahmed Nijim

If they are the original owners (i.e. not tenants with a lease), you may need to bring an ejectment action instead of an eviction action. An ejectment action is much more complicated and time consuming than an eviction action. Realistically you are looking at $5k to $10k in legal fees and costs even if it goes mostly your way. If they fight you to death, costs can mount up quickly. So I would definetly try to see if you can get them to agree to some kind of amicable settlement. 

Any other thoughts @Steve Babiak

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

@Ahmed Nijim

if they tried to call the police mostly they are not going to negotiate cash for keys deal & not willing to leave...once they recognize there is an attorney involved they might to.

If I were you I would never make any contact with them in any way...get an attorney to handle it properly...here in Texas there are many rules have to follow when giving the 3-days notice to vacate...cant just stick it on the door and thats it...Imagine if there is a screen door my attorney told me have to stick it from inside facing the main entrance door besides all of that to make sure they receive the notice had to have it sent with certified mail & regular mail...not mentioing how careful to be about what to write in that letter any mistake could be used against you if they wanted to fight the eviction.

Have done both eviction and cash for keys here all depends on the first impression I get from the former owners.

Cash deal was accompanied with short term lease for the period I gave them to leave waving any rights they might have to fight the posession...all docs were notorized.

Hope that helps

*Not giving any legal advice here.

Well, earlier this year a version of "Protecting Tenants at Foreclosure Act" was passed and signed into law by President Trump. So, if the occupants were renters, then they have certain rights under that law.

Ejectment and cash for keys are the other tools at your disposal.

One thing I suggest is that you try to take a look at the court docket / records from the foreclosure lawsuit. Those who fought the lender tooth and nail for years in that lawsuit have an inclination to fight to stay in the house, and they could be more difficult to get out. And find out from neighbors what the story is with those occupants; sometimes that can tip you off as to how to approach getting them out.

Now, Philadelphia does have a new squatters law that has been proposed; not sure if it became effective or not. Once they are out of the property legally (ejectment) and then come back, that is something to keep in mind to possibly make use of.

Originally posted by @Ahmed Nijim:
I will definitely seek an attorney opinion, do you have an idea how much an attorney cost to evict someone , a ruf range?

 

It will probably NOT be an eviction, which is relatively inexpensive; more likely this will be an ejectment that takes place at a higher level of the court system (Common Pleas), and as such will be a more expensive procedure. @Chris K. had posted numbers that are probably accurate; if you're lucky and the occupants don't fight, it could even be a bit less than the low end of those numbers. Keep in mind that the attorney is getting paid by the hour, and you can expect to pay hourly rates of $300 and up. And there is a fee for each document that gets filed, and a process server has to serve the occupants to get things rolling - lots of costs besides the hourly rate.