How to “evict” homeowners that occupy property from auction.com

How to “evict” homeowners that occupy property from auction.com

Rental Property Investor · Jackson, MI · Member since 2019 · 4 posts · 0 votes

Who can help me either “evict” or even have rent property I’ve bought as a foreclosure from auction.com? Obviously, there will need to be some rehab and the previous owners will need to find some other living arrangements. As we all know time is money, and a quick flip to sell or buy and hold are my goals.

Thanks,

Matt

0Reply
18 views

Most Popular Reply

Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
7y
Originally posted by @Simon Ruiz:

@Chad Urbshott what happens after the six months??

 Then you evict

See this reply in the discussion

10 Replies

Jump to latestLatest
  • Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    7y

    Post a notice for them to vacate. Then go to the local magistrate court and file an unlawful detainer lawsuit. Call the local magistrate court - if they're like mine they're very helpful, will answer your questions and will tell you what paperwork you need to file.

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Matt Rohlfs:

    Who can help me either “evict” or even have rent property I’ve bought as a foreclosure from auction.com? Obviously, there will need to be some rehab and the previous owners will need to find some other living arrangements. As we all know time is money, and a quick flip to sell or buy and hold are my goals.

    Thanks,

    Matt

    If these properties are in Michigan then the former occupant/borrower have a 6 month right of redemption from date of sale. If they are a tenant, then the lease needs to be honored if a 12 month term or more. 

    In either case you can offer cash for keys to buy out the redemption rights or lease respectively. Beyond that I would hire an attorney versed in evictions if you are not familiar with them. Will be the best $500 to $1000 you'll ever spent (invested).

  • Rental Property Investor · Greater Lansing Area, MI · Member since 2014 · 196 posts · 55 votes
    7y

    Make sure you actually bought the property and not just interest in the property. Like Chad said, there is a redemption period here.

  • Glendora, CA · Member since 2016 · 106 posts · 21 votes
    7y

    @Karl B. How long is typically a unlawful detainer lawsuit? If someone purchased a deal using a hardmoney loan I would imagine time would be critical...

  • Glendora, CA · Member since 2016 · 106 posts · 21 votes
    7y

    @Chad Urbshott what happens after the six months??

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    7y

    I bought one that had a tenant, not the owner.  He was month to month and well under market.  I needed him out as 1.  I am not a slum lord, and 2. I do not rent to people with his background.

    After closing I introduced myself and gave him a notice of rent increase in 45 days.  I put the rent at the amount rent would be if the house was not a slum.  He did not want the rent increase and moved out in 15 days.  In his case his probation officer helped him with finding where to move.

    All was well.

    I recommend giving them a notice of rent increase to a level above market value if they are not under a lease.  Then you can evict for not paying the rent.  Otherwise you will not have a copy of anything -the lease, the amount of the rent,  etc.  If they fight in court they will have to produce the lease.  For my tenant the foreclosing bank actually rented a 2 bedroom house to a registered child sex offender and his criminal unnamed 'friend' for $300 a month total and it included water, gas, electricity, sewer and trash! And no, he did not keep the house clean and repaired or even mow the lawn.  I would have been loosing money on that deal just paying for their utilities!

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Simon Ruiz:

    @Chad Urbshott what happens after the six months??

     Then you evict

  • Stockton Ca. · Member since 2019 · 6 posts · 0 votes
    7y

    @Chad Urbshott

    In regards to the "cash for keys" method. I have read $250 Min/Max $5,000. An old business aqaintance (mentor), received $7,500 for keys. His argument was this: move in cost were first & last rent [$3,200] along. And that due to his medical disability (SSI) he would need to hire a moving company [$3,500] the balance [$700] would be for any unforeseen situations... The owner agreed and paid. 

    His first request?

    [$10,000]

    $78,868 was owed 

    $235,500 market value

    ??

  • Lender · Ladera Ranch, CA · Member since 2014 · 1k+ posts · 1k+ votes
    7y

    It depends on who the new owner is and what they're willing to pay. Sounds like your acquaintance got really lucky. We typically won't offer more than 1% of the market value of the property for CFK and that's a max. If circumstances dictate, we may go higher. The new owner may be an investor, big bank, note investor, or someone that plans to be an owner occupant. There's too much variation to predict exactly what each type is willing to offer as a minimum or a maximum.

    My partner on the rentals we own didn't believe in cash for keys at all so we never offered on the foreclosures we bought together. Start paying rent to us, move out on your own, or we'll evict.

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    7y

    If the occupant isn't the previous owner or family of previous owner, Just make sure you follow the Protecting Tenants at Foreclosure Act. It's Federal. You can't do anything for 90 days and if they have a legitimate lease, you have to honor the lease. Agreed nothing stops you from offering CFK, but they have no obligation to accept and you have no recourse except to ride it out. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.