Problems after Closing on Foreclosure (from auction.com)
Hello all!
I am really in need of your expertise on this matter. My husband and I purchased a foreclosed house on auction.com that is occupied located in Alabama. We already closed on it recently. We purchased it as a home to live in.
Here's the background information: We purchased this home on auction.com in December and were supposed to close in January. The bank contacted us and said the closing has been extended until February because they made a cash for keys deal with the occupant and she is supposed to be moving out in mid February. My husband and I prepared to move into the house then by packing everything and moving breaking the lease on my apartment. A day before closing in February, my husband and I pass by the house and discover that the occupant is still in the house. Understandably, my husband and I are furious and speak to both auction.com and the closing company asking what the heck is going on, because they told us by email that the house is vacant as planned. Over the phone, we get notified that the occupant told the bank that she will not move out, and she needs another month to move out. The only reason why we agreed to the closing being moved from January to February (by over a month) was that they agreed that the house will be vacant. Otherwise we would have rather get it in January and deal with the cash for keys or eviction ourselves.
Anyways, after a lot of going back and forth, they put the house back on auction.com without even notifying us. We find the house, and we purchase it again because we still had our hearts on this house. We purchased it as occupied again, in April. We drive by the house again and the house looks like it's been vacated. The grass is very high. Neighbors have not seen the owner in weeks. Keep in mind that all this time, this occupant/previous owner has been receiving notices to leave the property. Apparently she never answers the door. So they end up having to tape the notices to the front door and garage door. Anyways, after purchasing it in April, we close a few days ago. We are very excited because maybe, just maybe, she's not there anymore. So we drive up to the house, knock and ring the doorbell, we only hear her dogs barking. Ten minutes pass, still no opens the door. So we think that maybe she left the dogs by themselves at the house. We call the police and explain the situation, they come and look around the outside of the house. Eventually, the former owner opens the garage door halfway up, and comes out to speak to the police officer. She told him that no one evicted her, and she's not leaving until that happens. Keep in mind that she's made a cash for keys agreement with the bank, and has not left. After the house was sold in December, she has had 6 months to move out. She just keeps asking for more time. When we went to the house, we were even willing to do a cash for keys deal to help her move out. But she would not even answer the door. Plus she told the police officer that she did not want to talk to us. That she wants another month to move her stuff out, or she won't move out until she gets evicted (she has an attorney apparently).
So here's the deal: What's our next move here? We can't do a cash for keys because if we go to the property to see her, she won't even open the door to speak with us. If we want to do an eviction, then we have to give her the ten day notice first, correct? However, what if the bank has already done that? I know for a fact that they've given her many notices to vacate the property. But they had to tape it to the front door and garage door. How can I prove that she received this ten day notice then? Even if I give her the ten day notice to leave (so that she will lose her right to redemption), how can I document that she received it if she won't even open the door for ANYONE? So what's next? Serve her with an eviction notice directly from the Sheriff's department? We just have no idea what to do.
We are worried that she will destroy the house moving her things out. We did not want her to get angry because we called the police. But the ONLY reason why we did that is because we thought the dogs are there by themselves. We went there with the intention of providing help to move her things. But she wouldn't open the door for us. We are so disappointed and upset because since January, we have been living out of boxes in a room with our in-laws. Because we were told by the bank that she made a deal with them to move out in February.
Please help us with our next moves. We just need to get in the house as soon as possible because we need somewhere to live. Also, if we do a ten day notice, plus a 14 day eviction, that's 24 days until we get the house (that's if there were no problems or issues at all). Is that fair to us to wait that long after all this time? What do we need to do to get her out before then?
We need your expertise on the matter. Thank you so much in advance.