Eviction on a Foreclosure

[Adam Rivera]

what is the fastest way to evict somebody from a foreclosed house? I've been told Cash for keys is a good method but how do you go about doing that? and if there's any other better method out there?

[Jon K.]

Cash for keys isn't really an eviction but it will be the fastest way to get them out if they go for it. You're going to want to find a local attorney to put together or provide the paperwork to make it legally binding if they do. Meaning don't just come to a handshake agreement and literally hand them cash and expect it all to be fine. They need to sign something acknowledging that they are giving up their rights to inhabit the house in exchange for money.

[Theresa Harris]

If you do cash for keys, get them to sign that they are breaking lease (assuming they have one) and leaving. Do not give them any money until you check the property and get the keys...also check that any bills tied to the house that they may have been paying are up to date.

[Chris Seveney]

@Adam Rivera

1. Get an attorney

2. Offer cash for keys to person but money is only after they leave and property is left in broom swept condition

3. I would be doing eviction process while waiting for cash for keys

[Jon K.]

I'm going to respectfully disagree with some of the advice in this thread.

Ensuring that the occupants are caught up on bills tied to the house is silly because they're under no legal obligation to the new owner to be caught up on bills. Often times the only bill that is tied to a house is a utility bill (not power or cable which are associated with a house but tied to a person and not the property) and the new owner takes responsibility for it at closing when they take possession of the house. As the new owner, that's now your bill. Not theirs. Also, it's extremely unlikely that the occupants are caught up on their bills because their house was just foreclosed on. They're BROKE.

Also, broom swept? Please don't destroy the house on your way out, sure... try to take your furniture with you... but broom swept? Do you want these people to leave or not? What are your daily carrying costs and how long will it take to evict them if they dig in their heels and make you go through the whole process at the end of which you're damn sure not getting a broom swept house anyway? Empathy and rapport are your friends on this one, not nickel and diming an occupant who just lost what is probably their biggest asset. Make it as painless and easy as possible for them to leave so you can get possession of your house.

I do however agree, start the eviction process right away just in case.

[Martin M.]

@Adam Rivera

I see your profile says Chicago. Is the property there also? If so, at the confirmation hearing there should've been a date set for when the previous homeowner should move out by

[Adam Rivera]

@Martin M.

My First property had squatters so I had to go to court to evict them. But if the people living in the property were previous homeowners the auction will give them a date to move out? Would I still have to do the Eviction process if they don't move out? or could I just contact a sheriff?

[Martin M.]

@Adam Rivera

Google confirmation hearing foreclosure cook county. I'm assuming it's Cook but either way process is similar in Chicagoland.

At the confirmation hearing a date is set for the previous homeowner to move out. If they don't... sheriff evicts. It's part of the process. It's not like your typical eviction

[Chad U.]

Quote from @Jon K.:

I'm going to respectfully disagree with some of the advice in this thread.

Ensuring that the occupants are caught up on bills tied to the house is silly because they're under no legal obligation to the new owner to be caught up on bills. Often times the only bill that is tied to a house is a utility bill (not power or cable which are associated with a house but tied to a person and not the property) and the new owner takes responsibility for it at closing when they take possession of the house. As the new owner, that's now your bill. Not theirs. Also, it's extremely unlikely that the occupants are caught up on their bills because their house was just foreclosed on. They're BROKE.

Also, broom swept? Please don't destroy the house on your way out, sure... try to take your furniture with you... but broom swept? Do you want these people to leave or not? What are your daily carrying costs and how long will it take to evict them if they dig in their heels and make you go through the whole process at the end of which you're damn sure not getting a broom swept house anyway? Empathy and rapport are your friends on this one, not nickel and diming an occupant who just lost what is probably their biggest asset. Make it as painless and easy as possible for them to leave so you can get possession of your house.

I do however agree, start the eviction process right away just in case.

We've withheld the cash for keys when an occupant moved out for not leaving it broom swept, and refusing to come back and do so.   When it says "broom swept" it doesn't mean leaving half of your life belongings behind along with other trash as high as your knees throughout the property. It cost us way more to do the trash out than the amount of the cash they were to receive.  

[Jon K.]

Quote from @Chad U.:

Quote from @Jon K.:

I'm going to respectfully disagree with some of the advice in this thread.

Ensuring that the occupants are caught up on bills tied to the house is silly because they're under no legal obligation to the new owner to be caught up on bills. Often times the only bill that is tied to a house is a utility bill (not power or cable which are associated with a house but tied to a person and not the property) and the new owner takes responsibility for it at closing when they take possession of the house. As the new owner, that's now your bill. Not theirs. Also, it's extremely unlikely that the occupants are caught up on their bills because their house was just foreclosed on. They're BROKE.

Also, broom swept? Please don't destroy the house on your way out, sure... try to take your furniture with you... but broom swept? Do you want these people to leave or not? What are your daily carrying costs and how long will it take to evict them if they dig in their heels and make you go through the whole process at the end of which you're damn sure not getting a broom swept house anyway? Empathy and rapport are your friends on this one, not nickel and diming an occupant who just lost what is probably their biggest asset. Make it as painless and easy as possible for them to leave so you can get possession of your house.

I do however agree, start the eviction process right away just in case.

We've withheld the cash for keys when an occupant moved out for not leaving it broom swept, and refusing to come back and do so.   When it says "broom swept" it doesn't mean leaving half of your life belongings behind along with other trash as high as your knees throughout the property. It cost us way more to do the trash out than the amount of the cash they were to receive.  

I think we're saying the same thing and possibly just have different definitions of broom swept which is fine. The goal of course is to save time and by saving time, save money. If the occupant leaves so many belongings behind that the trash out + cash for keys cost more than the holding costs during an eviction then it was pointless. A condition of the cash for keys should be that they don't leave behind dumpsters full of things.

To me broom swept meant 100% free of belongings and actually cleaned albeit not deeply.