To evict or not to evict after foreclosure occupied sale, Chicago

[Tony Rodriguez]

Hello everyone!

So I'm closing on my 3rd property situated in Chicago in the next couple of weeks. This property is an REO but will be transferred to me as an occupied property. I've drove by the property and it seem to be unoccupied; the grass is getting tall, no lights at night, no cars in driveway, no furniture visible thru the windows etc.

Based on the foreclosure papers that I revived the judge has approved the sale and has granted an ORDER FOR POSSESSION to the bank. The question is: do I still have to file an eviction after the property is deeded to me or can I just get inside the home and change the keys? I know I should be talking to a lawyer about this but I will wait to contact a lawyer until I close on this property just in case the deal falls through. 

[Account Closed]

@Tony Rodriguez, Congratulations on your 3rd closing. Don't construe this as legal advise, as these types of cases are very fact specific, and I don't have enough facts here, but here are my thoughts: 

Unless you have first hand knowledge, in that the prior owner/tenant, informed you that they are abandoning the property, it is really a guessing game. So you are weighing the risk of liability from not filing an eviction (in case the property was not abandoned) vs. reward of immediate possession. 

First, Eviction is the safest method. If the property is vacant, then it is a wasted expense, but nevertheless the safest route. 

If you have formed the opinion that the property may be abandoned, then you have the right to repossess the property, an eviction is not necessary. 

There are a few steps I would take to ensure you are limiting your liability: 

1. Speak to the neighbors to see if anyone spoke to the prior owners/tenants and knows about their whereabouts. Document these conversations as they may be useful in a later proceeding. 

2. Check to see whether the utilities are on. If they are off, this may be an indication that the property is abandoned. 

3. Check for garbage and old food. If there is this, then this would be a sign that the property is abandoned. Take photos. 

4. Post a notice and send a letter to the last known address if you have it stating that you deem the property to be abandoned and that you will take possession unless you hear from them within a specified period of time. Take pictures of the notice on the door and also send the letter via certified mail. 

5. Document all conversations and take pictures of everything you can that shows the property is abandoned. 

For the future, you can build in a clause into your lease that deal with this so that the rules are more specific. In Chicago, there is a pretty well accepted and approved lease format, I'm not sure if that has the language, but it can be added as an addendum to the lease.