Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago on . Most recent reply

User Stats

2
Posts
0
Votes
Amanda Brown
  • Pomona Park, FL
0
Votes |
2
Posts

Advise Needed

Amanda Brown
  • Pomona Park, FL
Posted

My husband and I are looking into purchasing a home from a family friend to be used as a rental property. We have NO experience in real estate but would love to use this to get started. 

Our family friend loaned the occupant money and they put their house up for collateral. Needless to say the occupant did not follow the promissory note and has defaulted. 

Instead of going through the eviction process our family friend wants to sell the house to us for a low price ($15,000).

My question is, how much trouble would it be to evict the occupant after we purchase the house?

Thank you in advance!

Most Popular Reply

User Stats

94
Posts
85
Votes
Laura Richards
  • Attorney
  • Orlando, FL
85
Votes |
94
Posts
Laura Richards
  • Attorney
  • Orlando, FL
Replied

There are many ways to handle this but eviction is likely not one of them. You need an attorney to look at the documents for the agreement your friend had with the defaulting homeowner. Without reviewing those documents first there is NO WAY for  you to know how to move forward. 

You could purchase the note and go through a lengthy and expensive foreclosure but as the note holder you still have to put the property up for auction so you aren't guarantee to get it. Risk is small but still  not guaranteed. There may be an easier way to skin the cat. 

Was an actual mortgage and note recorded? 

Does the defaulting homeowner want to move in exchange for forgiveness of the debt? If so a Deed In Lieu could be the answer. 

$15K doesn't sound like much. Does your friend think that  you are taking the property subject to the loan or is he recording a satisfaction? 

There is a lot here for you to consider and work out. You yourself said you have NO experience with real estate. Hire an attorney on this one. 

Loading replies...