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<p>This person’s history? Ending up in a situation where you are foreclosed upon does not make you a miscreant. There are plenty of decent people out there who did NOT buy a house with a balloon mortgage or a house that was obviously beyond their means, but who lost jobs that they couldn’t replace and were stuck with houses they couldn’t sell because the market had tanked and left them underwater and the lender wouldn’t accept a short sale.</p>
<p>We had a situation with a woman who was in over her head. Her husband had vanished and she had two kids. We paid her to “caretake” the property while we put it on the market, and we assisted her in relocating to a place within the school district, for her kids.</p>
<p>She got a raw deal, and I wasn’t going to add to it.</p>
<p>OTOH, this guy sounds like a different kind of situation and I’d hire some security and go over and offer some money to move out immediately. I’d have someone with me, labor, to help remove the stuff, “at no additional cost” to the renter. ;)</p>
<p>Good luck. Sometimes this can be nasty.</p>
<p>Why does she think the property is still hers? Was she foreclosed upon and the property was sold?</p>
<p>m2ck,
good question, she knew what is going on and she thought bank took her house illegally. Therefore she wants it back, however, she has not paid the mortgage for over 4 or 5 years, since 2007 when the first NofD was issued, there were many foreclousre attemps but the bank did not execute. we checked, there was no lawsuit against the bank, she did “hire” a lawyer, but the lawyer did nothing to stop the foreclosure either.</p>
<p>The former owner(s) is/are hespenic and she did not communicate well and pretended did not understand the foreclosure process. She thought she can get the house free or live there free forever.</p>
<p>We came across this kind of case all the time.</p>
<p>^^I wondered that too. I would think a person would receive lots of paperwork regarding a foreclosure. Seems like that and the fact they haven’t made a house payment in a year or two might make them aware.</p>
<p>Good luck to the OP. It will be a huge sigh of relief to get them out. An even bigger sigh if it’s not trashed.</p>
<p>Cross-posted with artloversplus. 4-5 YEARS? My sympathies are even more limited now. Geesh!</p>
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<p>That is my “occupant’s” claim also, but they have 4 cars/trucks parking on the driveway, a gardening business running out of the house(based on the signs on the truck), all on free rent! And she kept on saying, the house is hers? I have a copy of clear title and the deed. Tell me, who owns the property?</p>
<p>Get the documents you have translated into Spanish and bring a translator (witness) over with you when you go over there.</p>
<p>artlover-- the situations aren’t the same. You asked about renters and “evictions.” This woman never believed she “owned” the house, just needed time to get the money together for first and last month rent at a place she could actually afford. I could let that happen since it was one of my older properties and all pay on it, anymore, is the taxes. </p>
<p>As for short sale situations, you really ‘need’ to get the sherrif involved. If you can’t get the sherif involved, then you need to hire your own security. It’s a PITA. I’m sorry you are in this predicament. The law isn’t helpful in getting people “out” for some reason.</p>
<p>Good luck to you.</p>
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<p>^^ I was only referring to that portion I highlighted. In that respect, they all claim the same situation. Husband vanishing act, 4 kids etc…</p>
<p>In my case, their kids are all well educated. some are in the HS, so Eglish should not be a problem. Its the occupant all of a suddern “forgot” English and “no comprehandal”. I am sure when they face a client, they have good command of Englisheeee…</p>
<p>[A</a> million-dollar mortgage goes unpaid for years while couple fights foreclosure - The Washington Post](<a href=“http://www.washingtonpost.com/local/a-million-dollar-mortgage-goes-unpaid-for-years-while-couple-fights-foreclosure/2012/03/01/gIQAb4DBpR_story.html?tid=pm_local_pop]A”>http://www.washingtonpost.com/local/a-million-dollar-mortgage-goes-unpaid-for-years-while-couple-fights-foreclosure/2012/03/01/gIQAb4DBpR_story.html?tid=pm_local_pop)</p>
<p>Story in Wapo yesterday. I felt the author had to have taken a lot of “editorial license”,
but maybe not.</p>
<p>give moose and rocko a call</p>
<p>Buying a foreclosed house occupied by the former owner, I guess it is something you will have to deal with.</p>
<p><a href=“http://www.nytimes.com/2012/03/01/us/stockton-calif-moves-closer-to-bankruptcy.html[/url]”>http://www.nytimes.com/2012/03/01/us/stockton-calif-moves-closer-to-bankruptcy.html</a></p>
<p>This was also a recent interesting story. A mayor of Stockton was a finalist to be City Manager not too long ago where I live.</p>
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<p>^^Perhaps a horse head in the bed? :)</p>
<p>speaking of Stockton, even with that much negativity, the highest price house sold in the last 3 months was $1.595 million, a 5700 sqft house on the river. I guess there are still hopes in CA…:)</p>
<p>Can you have them charged with trespassing?</p>
<p>???</p>
<p>I have hired an eviction lawyer, his only full time job is to do evictions. I have to deffer judgement to him. In California, different laws govern different eviction situations. No, trespassing is not one of the options. From legal point of view, I know that in about 60 days, the court will make a judgement one way or the other in an Unlawful Detainer suit. That is the legal route.</p>
<p>The soft route is what I am looking for advice. I guess the “cash for key” I have offered twice already is going to be ignored until a court judgement is rendered.</p>
<p>So you need to get a judgement before you call in the sheriff? If so, it sounds like you need to go through the process, this woman is just trying to live for free as long as you can. Just curious, is she a legal citizen?</p>
<p>It sounds like you might need to go through the process and get her out legally ASAP. If she trashes the place, file a claim in small claims court, that should be easy. Hopefully it won’t be too ugly.</p>
<p>I feel your pain, we just started in this business. The condo we bought was slightly trashed, but empty. It would be really aggravating to have to try to evict someone too.</p>
<p>here is the california law on eviciton</p>
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<p>We have serve the occupants a 30 day notice.</p>
<p>here is the law that will give sheriff the rights to remove occupants.</p>
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