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Updated over 7 years ago on . Most recent reply
foreclosure problem with home we bought complete with extortion
We bought a foreclosure on auction.com for a good price in Long Island, NY. The previous owner is still in the house and basically trying to extort us for a lot of money. He has already been in the house for about 2 months, because his mother passed away and said he did not have time to find another place to live. We were ok with that. He said that he sold the air-conditioning system (central air) and that his friend was going to come and pick it up when he left - unless we wanted to pay $2500 for it and he could return the money to his friend that paid for it already (this was the first red flag). He also said that the insert for the gas fireplace was sold and that we could buy that as well for another $2500. We agreed that we would buy those items and he also wanted to stay for another 2 months. We agreed and figured it would be easier than trying to legally trying to get him out. He said that he would be left with NO money after he pays the guy back for the air conditioning and the gas insert and that he needs more money. We offered $7500 total and gave him the time. We just received a call from this guy's attorney today saying that the deal we struck with him is now off and that he wants $15K to leave and he wants to stay until the end of December. Is this not extortion???? We asked the attorney to send that request in email form and we have yet to receive it. We started the eviction process and are planning on the papers being filed and served asap. I guess my question is can this guy destroy the home before he leaves? I thought I saw a new law in NY that protects people from "home destroyers"? That there could be criminal action and possible jail if someone does this? I also am wondering if we can send a friend to live in the house as well? We were thinking if our friend had a lease he could also move into the house? We have a friend that did this. He bought a foreclosure and the guy would not get out... the owner rented out rooms in the home (in PA) and the guy left, because he was annoyed by the new "tenants". Any and all advice please! Thank you! Again, New York laws would need to be considered with any answers! Thank you!! :)
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- Real Estate Professional
- West Palm Beach, FL
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Your friend got away with moving people in only because the prior occupants were ignorant, and didn't know they likely could have the new owner by the short hairs. For your situation, it's a common one, I'd get I. The house to document current condition.....You own it, and everything "built in" or permanently attached. You may have to pretend like you are agreeable to being extorted to get in, then document everything you're concerned about...ac, fireplace, etc. Then, drop the hammer on them/their attorney as to criminal prosecution for destruction/theft of Your property. At this point, screw the cash for keys, it will constantly become a moving target/changing conditions, and take the hard ball, scorched earth approach. I have done cash for keys before, but if the carrot doesn't work, don't hesitate to use the biggest stick you can find, and swing it hard.