Property was purchased by tenant. Tenant stopped making payments and stopped paying taxes. House was sold at courthouse and I bought it back and evicted her. She filed something(sorry can't remember name) and still hasn't left premises. She hasn't paid anything on the house in almost 2 years PLUS I've had to buy it for taxes owed. The house is in shambles and will probably have to have many many repairs now. I'm trying to remain on speaking terms and she told me 2 months ago she was in process of moving but car is still in drive!
Welcome to BP. Sorry to hear about your problems. Have you considered an attorney? That may be the best course of action at this point....
I've thought about a match!
If you sold the house to the tenant and financed the purchase you may have to foreclose in order to remove the buyer. Contact a local lawyer familiar with foreclosures to get an estimate on the time it may take and the costs you are likely to incur. Explore your options and decide the best course for your situation.
i have burned a house before (actually had the fire department burn it for me) but I had to make sure it was vacant first.
The house was foreclosed and she was served eviction. I went there yesterday to talk to her but no answer. The front porch is mounded with trash. The backyard is covered with trash and debri. I can only wonder what the inside looks like. She said she was in the process of moving when I talked to her last (about 2 months ago) but her car has always been in the drive. I wonder...if she's finished moving and I have to pay someone to clean a dumptruck of debri from inside and out....could I take to her current residence and place it in her yard?
Not sure you're speaking legal terms here. You aren't really "served" an eviction.
You can be served that you need are in the process of being evicted and need to show up to court. But that doesn't mean a thing.
It sounds like you "evicted" her. Which in my mind that means you took her to eviction court and won. But when you win, you typically have to take that to the county sheriff to have them schedule a date to remove her.
Have you scheduled the county sheriff removal? If not, is it because of whatever it is you believe she filed? If so, what did she file? Bankruptcy? Was she able to use that to delay the eviction process?
My understanding is that a bankruptcy can delay an eviction proceeding. But it cannot supercede the eviction ruling once its been granted. Ultimately, you need to figure out what she filed that is allowing her to stay.
And figure out a way to get past it.
But your story is one of the few I have ever heard of a seller finance deal that the seller had to go through a foreclosure. Lease option would have probably been the way to go there. Much easier to evict than it is to foreclose on.
Its something that I rarely see mentioned though in terms of the risk of seller financing. And I think it should be. That is a significant risk in seller financing when you live in a state that allows a foreclosure to take 2 years........
If you've filed an eviction and gotten a judgment, you really should not be talking much to the tenant. CAll the Sheriff and have him toss her *** out pronto! Talking is a waste of your energy.