Bought at court house steps (1st time), next step?

Question

Settled last week. Previous owner is no longer live in the house. However, there are some stuff left in the house as I can see from the window. Here are my questions if you can help, (State: Virginia)

1) I have the deed now. Can I legally change the lock? (I don't have the key, seems I have to drill the lock out and put my own in).

2) How to deal with the stuff the previous owner left behind? I know that I have to be cautious about removing them. Is there a way to put a notice somewhere (like at front door) to give previous owner notice to removed it within certain period of time, or they will be trashed?

Thank you very much for your help!

William Hochstedler · Answer

@Kevin L.

I am not aware of anywhere that allows you to just go into a property, change locks, and put someone's personal property out on the street without some sort of legal process.

The deed gives you ownership, but not necessarily possession.  In Utah, the former borrower becomes a tenant and eviction/abandonment laws apply.

Definitely consult with someone who is familiar with the legal process for this in Virginia.  At the very least, talk to the police before entering the property.

Matthew Kreitzer · Answer

Good evening Kevin. I apologize for belatedly replying to this thread. Generally speaking, it is a good idea to record the deed of transfer in your local land records office (which is typically done as part of the closing procedure). I would be cautious, however, as mere ownership of a property doesn't let one go in to that property whenever they want and remove objects placed there-on. Doing so in certain situations could give rise to liability for the damage to any of the property sitting there.

Depending on how long the prior person had been living there, you may either need to do an eviction proceeding or a quiet title proceeding to the personal property. Do not resort to self-help and move the property at this point. You could probably arrange for the property to be moved with consent of the former owner, but bear in mind any undertaking you do towards the property opens you up to liability. Anything beyond taking a picture and leaving it subjects you to liability for damage.

Consider consulting a local attorney on what paperwork needs to be filed and in which jurisdiction it should be filed in. Be wary of an attorney in this state who tells you to simply move the property. There are notices and procedures for this kind of thing.

Although I am in Virginia, my firm typically doesn't service the Ashburn/Herndon/Fairfax area. I do hate both Fairfax and Loudoun County Court. For instance, there is something known as "the fairfax rule" which isn't part of any statute or case law that Judges just decided attorneys have to know. They also have their own set of rules of civil procedure (like motions requirements) that vex even us attorneys. Please either find a local attorney to deal with it, or contact me if you want a local referral.

Disclaimer: Do not immediately act on any of the information provided. It is intended to be educational. I do not agree to represent you by virtue of providing this information. Each case is unique, Fairfax/Loudoun suck, and you should look for a local attorney to help you out.

Russell Brazil · Answer

You are an agent, seek guidance from your broker. Your broker has some form of liability for all of your real estate activities, so should be informed about what you are doing, as well as they will have guidance for you on how to proceed.  In DC, the former owner would become a tenant that would need to be evicted. In MD and VA, Im not sure what rights the former owner retains, as I havnt had to deal with it on those sides of the border.

Joel Owens · Answer

You need to look at the (personal property disposal laws) for your state. Specifically you need to talk to a local eviction attorney.

Some things to look for is if the power is off to the property and the gas meter is not running then utilities are likely off.

Depending on the state sometimes you can post an abandonment notice or similar to check if they come back in a certain time. Some attorneys say if there appears to be only trash left at the property or less than 500 of personal property you can skip eviction and  re-key.

You need to make this call with the help of your eviction attorney on what to check for.

No legal advice given.

Logan Allec · Answer

Reach out to Matthew Kreitzer, he is an attorney out of Virginia.  https://www.biggerpockets.com/users/MatthewK20

Craig M. · Answer

Yes.  You need to consult your state laws with respect to how you must treat a former owner's possession.  I acquired an REO asset in California where the former owner was still residing in the property after foreclosure.  Following eviction, in our tenant friendly state here you have to notice the resident, store their property and if it remains unclaimed advertise for a public sale and sell the property on their behalf.

Kevin L. · Answer

thank you!

Justin Fox · Answer

@Kim Martin

Would you recommend getting title insurance on the property?  Or is that remedied when you get the tax deed?

Kim Martin · Answer

Yes - secure the property (change the locks) immediately and obtain homeowners insurance.  I take pictures of the locks and take them to the hardware store, where the nice locksmith helps me.  I put the contents out at the end of the driveway with a "free" sign (I am in the state of Washington).  Dont forget the garage door and opener.  I had someone return and use their garage door opener!  Best of luck to you Kevin!

Bought at court house steps (1st time), next step?

Most Popular Reply