What are my chances to evict previous home owner and his family?

8 Replies

Hello, I want to buy a house that is subject to a petition to partition between several siblings. One of the owners in his late sixties with his family live in a house, and won't move out. If I purchase the house (after a court approval) I have to start eviction process. I understand that eviction of previous owner is even more complicated than eviction of a tenant. How long it may take in Massachusetts? Is there a chance that I won't be able to evict this family? 

Originally posted by @Elena Pech :

Hello, I want to buy a house that is subject to a petition to partition between several siblings. One of the owners in his late sixties with his family live in a house, and won't move out. If I purchase the house (after a court approval) I have to start eviction process. I understand that eviction of previous owner is even more complicated than eviction of a tenant. How long it may take in Massachusetts? Is there a chance that I won't be able to evict this family? 

That is a question for a real estate attorney in the city the property is in.

Before seeing an attorney make sure  if there are any additional leases or agreements within the family regarding the property you have a copy. For example siblings agreed to rent it to them at some point.

Not only might you have trouble evicting, you might have trouble getting title insurance when you buy, which can be a problem. Talk to a good real estate attorney pronto, don't consider buying without very specific advice from someone well versed in this kind of title issue.

A previous poster had an owner still in residence in a foreclosed house he bought, and several years later (and tens of thousands of dollars later) he still wasn't able to get him out.  Massachusetts courts are known for creating their own laws as they go.

@Ann Bellamy Thank you very much Ann for your response. Should title and Title insurance issues be solved before closing? At least I will only lose time and pay real estate attorney for her work if i put contingency on title and title insurance. 

Also I wonder, if this person won't let me to even enter "my" house, and I am ready to pay for his first year of rent elsewhere, because the house should be completely renovated, are those solid arguments for court, or not really?

Thank you

Elena

are you working with an attorney to buy it through the court with the petiton to partion? you might be able to get a move out date through the court that way. If not you are left with cash for keys (so be sure to figure that into what you are paying) and /or eviction.

As for an eviction, yes you can get them out it will probably just come down to time and money. If this guy is elderly and/or disabled the court could give him up to a year to move (and maybe even make him pay you "use and occupaancy" while there) also if there are kids still in school they might get to stay until the end of the school year.

You want a good eviction attorney on your side who knows how to fight for you.

@elena 

@Elena Pech .... Listen to @Ann Belamy. I sometimes buy properties at foreclosure auctions and they are often occupied by owners or tenants. Title companies in MA will no longer write title insurance for occupied foreclosures. Your situation is similar, but different enough, so it's imperative that you consult a real estate attorney who can either answer your question quickly or ask a title company if they'll provide a policy. You need to know this well before signing a contract to purchase the property.

While you're doing that, offer the occupant cash for keys and/or help finding another place to live. If he refuses to negotiate and the title company won't insure it, walk away.

Thanks everyone! Considering your replies and consulting eviction and real estate attorneys, I made a relatively low offer to have substantial funds for eviction or cash for keys. There were better offers for this property, so now it's someone else's problem :)