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Updated over 4 years ago on . Most recent reply

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Vincent Simone
  • Investor
  • Hampton, VA
4
Votes |
19
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Eviction Occupant From Property After Sale

Vincent Simone
  • Investor
  • Hampton, VA
Posted

I am working on an eviction in Greene County, NC. I'm looking for the proper wording for a "Complaint In Summary Ejectment". Specifically Item #3. I purchased an occupied foreclosed house at auction. Occupant is a relative of previous owner. Occupant does not pay the taxes or utilities. Anyone out there ever filled out this form for this situation? Thanks in advance...

Did speak to the occupant, had a verbal agreement for occupant to vacate on 31 July, but came back the next day with the typed agreement and the daughter (wife of previous owner) intervened, and stated, "I'll contact you when she is out, she is signing nothing". So I am pursuing the eviction process.

Most Popular Reply

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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,550
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

While BP is national in scope, all real estate laws are local. With that caveat in mind, consider how many courts treat this situation:

This is most likely a holdover interloper, without a written, bonafide lease with prior owner. 

I recommend using the services of an attorney specializing in U/D's (unlawful detainers) rather than going the self-help route. 

These cases having a way of going sideways and new owner (you) can inadvertently step on legal land mines or fail to follow some obscure procedural rule of court, resulting in delays or much worse situation.

If your reason for attempting to do this yourself is curiosity, merely ask questions to your attorney. If being thrifty, consider this money well spent while you go perform more profitable activities. 

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