Attorney/State Legistor delaying my Eviction till August

John Underwood · 2019-03-11T08:46:11-07:00

I sold a rental property that was generating rent. I did a 1031 exchange added some money to it and bought another property that I knew had some title issues that I believe are low risk and the risk to reward was hugely in my favor.The house has a couple of tax deeds in the chain of title, both over 10 years old. There is a law in SC that basically says you can't challenge a tax deed after 2 years. I met with the occupants once and could tell they had no evidence to keep me from evicting them.There was also a foreclosure against them from their mortgage company and an attempt to Quiet the Title. This was cancelled and a mortgage release filed. I believe once the mortgage company realized that the occupants didn't own the house anymore they threw in the towel. I am trying to contact the attorney involved to get more details on why they gave up.So right before the eviction court date they hired an attorney who is also a SC state legislator. This attorney took the case while Legislature was in session knowing full well he had no intention of going to court till the session is over.I received a copy of a SC Supreme court ruling that Attorney/Legislators are exempt from showing up to court while the Legislature is in session.So now I am sitting on my hands while the occupants continue to live in my newly acquired house till at least August.There are other attorneys at this firm so this is clearly a stalling tactic and seems unethical to me.I may start a Quiet title to at least keep something moving in the mean time. Once it gets to the part where a court date is set they will just hire this same attorney to stall any forward motion on this also.I am tempted to send a letter to the SC Supreme Court and the Bar association and respectfully complain about this abuse of power.Open to any suggestions that anyone has on this one.

Thomas S.

Member since 2016 · 13k+ posts · 12k+ votes

7y

Have you offered a bribe to your squatters.

Is there renovation work required that you could immediately begin. Is there any way to force them to have to take immediate action to stop you from doing something that would require them to hire a different lawyer that is immediately available.

2 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Thomas S.:

Have you offered a bribe to your squatters.

Is there renovation work required that you could immediately begin. Is there any way to force them to have to take immediate action to stop you from doing something that would require them to hire a different lawyer that is immediately available.

Yes I offered cash for keys. They did own the house back in the early 90s and are adamant that they are still the owners. The know their mortgage that they weren't paying is now gone so they are holding on tightly.

Thought about pressure washing the house early in the morning but I would need a separate water supply or tank.

Guess I could get multiple roofers to go over and inspect the roof.

Not sure beyond these thoughts.

0 Reply

Account Closed

Real Estate Agent · Arlington · Member since 2016 · 162 posts · 100 votes

7y

Just a thought: you might be able to reach out to the attorney's opposition for their seat. They might love to know this is happening and could suggest additional helpful resources.

Also, are you by any chance a veteran? Thus legal resource through USC Law School could be helpful and economical too.

1 Reply

Scott Mac

Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes

7y

Hi John,

Maybe talk to your Attorney about having the utilities put in your name and then turned off, and having an electrician physical cut the electric feed line from the power pole and the home and take the wire.

It may be legal in your area to do this. It's not in all areas.

So talk to an attorney before doing anything like this, you don't want to break any laws or incur any civil or criminal liability. You don't want to cut off electrical service to someone with an iron lung or anything like that.

Good Luck!

3 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Scott Mac:

Hi John,

Maybe talk to your Attorney about having the utilities put in your name and then turned off, and having an electrician physical cut the electric feed line from the power pole and the home and take the wire.

It may be legal in your area to do this. It's not in all areas.

So talk to an attorney before doing anything like this, you don't want to break any laws or incur any civil or criminal liability. You don't want to cut off electrical service to someone with an iron lung or anything like that.

Good Luck!

This would not be legal for me to do.

3 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Account Closed:

Just a thought: you might be able to reach out to the attorney's opposition for their seat. They might love to know this is happening and could suggest additional helpful resources.

Also, are you by any chance a veteran? Thus legal resource through USC Law School could be helpful and economical too.

Thought about reaching out to the newspaper. His opposition is a good idea if I knew who that was.

I am retired Navy. I'll have to Google USC Law School to see what they offer.

0 Reply

Account Closed

Real Estate Agent · Arlington · Member since 2016 · 162 posts · 100 votes

7y

@John Underwood

Apologies for not including the link:

https://www.sc.edu/study/colleges_schools/law/academics/experiential_learning/clinics/veterans_legal_clinic/index.php

0 Reply

Patrick M.

Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes

7y

I am not familiar with the legislature law, but if they have retained him and a firm, I would begin sending certified letters on a regular basis making requests and demands for documentation and discovery. If you are representing yourself then I would seek to schedule a settlement/ resolution meeting with him. I would make myself a fixture at the firm so that every other lawyer would wanted to know why this case which he must have taken as a favor is draining their resources. And if they are non compliant you can always tell the Judge that you tried for months to resolve this case and were given the brush off by this firm.

4 Reply

Lee Bell

Real Estate Appraiser · Isabella lake, CA · Member since 2018 · 628 posts · 491 votes

7y

@John Underwood

Hope you have your own lawyer, and it works out for you. Sounds like it may take some time and some staying power / cash on your part.

0 Reply

Thomas S.

Member since 2016 · 13k+ posts · 12k+ votes

7y

@John Underwood

"Guess I could get multiple roofers to go over and inspect the roof."

I am not suggesting you find ways to make yourself productive. I am suggesting you give them notice to renovate and send a crew in to tear out the kitchen and make the lives a living hell. They will need a lawyer immediately to stop you but as the owner you do have the right to work on your own property.

I tend to creatively motivate people, not everyone has the necessary personality to get things done as I do.

0 Reply

Matthew Paul

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

7y

How to fight a squatter ? Simple find a bigger and meaner squatter to move into the house and claim it as their residence , then have them get an restraining order to make THEM leave the house .

0 Reply

Thomas S.

Member since 2016 · 13k+ posts · 12k+ votes

7y

"Simple find a bigger and meaner squatter"

There are many ways to accomplish the goal by confusing the "system". However the key I have found is to take the direct action of something like placing your own squatter before you make the mistake of taking any "official" action. I never understand why people trust the system.

0 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Thomas S.:

"Simple find a bigger and meaner squatter"

There are many ways to accomplish the goal by confusing the "system". However the key I have found is to take the direct action of something like placing your own squatter before you make the mistake of taking any "official" action. I never understand why people trust the system.

These people have lived in this house since 1993. They are not going to let anyone into the house.

I doubt I could find a squatter, inspector or contractor willing to push into the house even if they opened the door.

I'm not willing to break in as I have no keys.

I wonder if I could give them 24 hours of an inspection on a Friday so that they don't have time to get their attorney involved and then if they don't allow me in call the sheriff?

I could certainly make them uncomfortable by having people around the outside of the house and on the roof checking things.

This property has been bought a few times but no one has tried to evict them or even make them pay rent. This was a property that was bought in bulk by an out of state buyer. They kept paying the property taxes so my attorney assured me that the person who sold to me legally owns the house.

I don't have a huge problem waiting. I have a problem with this attorney getting the best of me.

0 Reply

Lauren B.

Asheville, NC · Member since 2017 · 170 posts · 242 votes

7y

@John Underwood

This would really eat at me, too.

Despite knowing that the law allows the tenants attorney to delay until August, have you tried moving forward with the eviction anyway?

I don’t know how things operate in SC but Im in N.C. and magistrates handle evictions / small claims here.

And from my one experience with an attorney for a tenant who requested a continuance, it seems the magistrate didn’t like granting them. (He called me to ask if I’d agree to the continuance bc the lawyer had a doc appt and I said “sure no problem... “ magistrate said “we don’t usually grant a continuance” and I said, “oh yes - right , of course , no I don’t want to continue it” .....

Tenant showed up w no lawyer and lost.

I know you’re a very experienced landlord. But also, finding an attorney your clients attorney is willing to play ball with might be your only hope. That attorney won’t ruin his relationships with others over one tiny case.

0 Reply

Jennifer Rysdam

Rental Property Investor · Cleveland, MN · Member since 2017 · 518 posts · 354 votes

7y

Do they have kids that they are neglecting by living in bad conditions? Usually if social services stops by people like to disappear quickly. I wouldn't do it if there's no issue with that, but what kind of conditions are their kids living in??

0 Reply

Joe SplitrockPro Member

Moderator

Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes

7y

@John Underwood we had a situation in my state where a landlord had been unfairly treated by government employees. Different than yours, but basically the house was held hostage due to attorney stall tactics. After nine months, the landlord got the news media involved. A week later the house was released to him.

My advice is call the news media. Tell your story with sympathy. Acknowledge that the rule that delays proceedings due to legislature session is a good law. If an attorney in the middle of a long case, it is not fair to force new representation. But then go on to say in this case, the legislator took the case right before legislature convened, only logical reason is because it is a delay tactic. He could have referred it to someone else in his law firm. Abusing laws meant to protect people is a problem for an elected official.

Guaranteed the attorney could care less about you, but he does care about his seat on the legislature and public opinion. Just be careful because you need public sympathy, which is not always with landlords.

3 Reply

Matt P.

Investor · Columbus, OH · Member since 2015 · 625 posts · 601 votes

7y

@John Underwood Since the attorney is a public figure I'd go to the news for sure. This is an obvious stall tactic that this attorney could have used in the past. I'm surprised there is nothing your attorney can file to force the court to hear this case in a reasonable time frame.

3 Reply

Karen F.

Investor · San Diego, CA · Member since 2015 · 435 posts · 421 votes

7y

Call the local news, story being that state rep who is also an attorney is abusing his status to make money by taking squatter clients, and taking pay for shielding them from eviction, by means of his status as a state legislator.

2 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Lauren B.:

@John Underwood

This would really eat at me, too.

Despite knowing that the law allows the tenants attorney to delay until August, have you tried moving forward with the eviction anyway?

I don’t know how things operate in SC but Im in N.C. and magistrates handle evictions / small claims here.

And from my one experience with an attorney for a tenant who requested a continuance, it seems the magistrate didn’t like granting them. (He called me to ask if I’d agree to the continuance bc the lawyer had a doc appt and I said “sure no problem... “ magistrate said “we don’t usually grant a continuance” and I said, “oh yes - right , of course , no I don’t want to continue it” .....

Tenant showed up w no lawyer and lost.

I know you’re a very experienced landlord. But also, finding an attorney your clients attorney is willing to play ball with might be your only hope. That attorney won’t ruin his relationships with others over one tiny case.

I went to the Magistrate Eviction. That is were the judge told me this would be postponed until August at best.

0 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Jennifer Rysdam:

Do they have kids that they are neglecting by living in bad conditions? Usually if social services stops by people like to disappear quickly. I wouldn't do it if there's no issue with that, but what kind of conditions are their kids living in??

No kids and house is well kept.

0 Reply

Greg M.

Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes

7y

Put up a giant sign in the front yard that reads: Representative John Smith abuses his public duty by helping squatters live in this house rent free. Support the upcoming recall election of John Smith! Call John Smith at XXX-XXX-XXXX and let him know you will be voting against him.

You might get his (and the local media) attention and find him handing off the case to another attorney quickly.

2 Reply

Ryan Nichols

Attorney · Greenville, SC · Member since 2018 · 15 posts · 14 votes

7y

By way of background, it appears this Administrative Order and the prior Orders it supersedes were necessitated as a result of the Court's ruling in Williams v. Bordon's Inc., 274 S.C. 275 (1980), which held that S.C. Code Section 2-1-150 was unconstitutional as violative of the principle of separation of powers in so far as it attempted to exercise the ultimate authority to determine when, and under what circumstances, lawyer-legislators may be exempt from court appearances. In other words, the court held it was not up to the legislative branch to have the final say on when lawyer-legislators would be exempt from court appearances, since "[t]he authority to determine whether a continuance should be granted or denied is inherent in the exercise of this judicial power, and cannot be exercised by the legislative branch of the government." Thus, the need for the Administrative Order of the judicial branch.

With that said, I would direct you to S.C. Code Section 2-1-150, particularly the second paragraph. It states that the legislative exemption "shall be a matter of right except in the following situations and under the following circumstances, and none other, to wit:

(1) where litigation involves emergency relief and irreparable damage;

(2) where such attorney has previously been granted continuances for the same case for a period greater than one hundred eighty days; or

(3) in a criminal case where the client is incarcerated unless the defendant shall give his written consent to the continuance.

The good news is, he's not going to be able to get another continuance down the road. That is clearly not allowed under the statute. And the Adminstrative Order issued by the judicial branch cannot directly contradict or supersede a statute. That would also be an unconstitutional separation of powers violation. The bad news is, you're likely out of luck for now, unless the end of session, unless he will consent to waive the protection, which he does not appear willing to do. Your best best would be to try to put some political pressure on him, as others have suggested if you sincerely believe he is asserting the protection in bad faith solely for purposes of delay. You could potentially file a motion for emergency relief and make the claim that you would suffer irreparable damage if you had to wait until the end of the legislative session. These motions are most commonly seen in family court in the custody context. I'm not so sure it would fly in this situation but maybe its worth a shot. Chances are the magistrate will have never seen such a motion and won't have any idea what to do with it. Will probably tell you that you can't do that, but he probably won't really know one way or the other.

disclaimer - I'm not your attorney and this is not legal advice.

Also - I'm an attorney in Greenville and a relative newbie investor (long time lurker, first time poster) and would love to connect. If you want to message me directly and let me know more details, like who the legislator is, it's possible i may know somebody that knows somebody that could help.

6 Reply

John UnderwoodPro Member

OP

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

7y

Originally posted by @Ryan Nichols: