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Updated about 12 years ago on . Most recent reply

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15,177
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Joel Owens
  • Real Estate Broker
  • Canton, GA
11,262
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15,177
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Homeowners in Foreclosure going NUTS!

Joel Owens
  • Real Estate Broker
  • Canton, GA
ModeratorPosted

So a friend of mine is a property preservation specialist in Georgia and works with a bunch of the banks.

He mentioned to me recently in the last few days a situation he is dealing with. Apparently a lady in foreclosure was foreclosed on by the banks. She had filed lawsuits and motions against the bank for wrongful foreclosure, mortgage fraud, etc. . She has been staying in the property for over 2 years. Every time they try to do the eviction she would take the numbers off of the property. When the Marshal comes out they have to visibly verify it's the correct address before serving.

Finally after years of this they evicted her yesterday and threw the stuff out. They re-keyed the locks, secured the windows, and padlocked the house. The property preservation manager gets an upset phone call hours later from the pre-list broker that a neighbor called her and told her that lady broke back into the house and is staying there again.

The cops have said before that if a tenant moves in again and maintains control then the eviction process has to be restarted as it's a civil matter. The bank is filing criminal trespass against this person today and the preservation manager is taking pics and documenting how they got in again. The crazy thing is this is a nicer area with nice homes. It will be interesting to see how it plays out.

I told my friend that given it took 2 years to get her out when that eviction happened I would have taken much more measures than securing a standard eviction. For instance they have remote cameras you can put inside of the place when they left that upload feeds online. It would have shown this person breaking into the house and how they got in to enforce the criminal charges and vandalism. I know that sounds extreme but I think would have been well worth it considering the time it has taken to get this person out.

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