Closing today / Tenant occupied foreclosure.. what would you do?

[Ashley Davis]

Hi there. Closing today on my first investment property. Bought it sight-unseen from the bank. Curious on how you would approach this situation? I will be able to knock on the door for the first time, later today!! 

[Jim K.]

@Ashley Davis

Hi, Ashley. I do have a few investments of my own. Mr. Morrison is a something-something, as I've pointed out elsewhere.

When you buy a property from a bank, it isn't a foreclosure. The bank, in buying the foreclosure, has to clear the title in order to sell it, or will use the money from the sale to clear the title. This is called a REO.

Can I ask why you bought this place without looking at it? Perhaps you've taken a look at the exterior? Even if you didn't physically go there, there's still plenty to see in Google Maps and many local computerized deed registries.

I suggest you take company with you for the door knock, preferably large, male company. The tenant may have no clue what's happening. This is almost always a very traumatic experience for the tenant. It's more trying if there are shotguns and/or pitbulls involved, but fountains of tears are not the easiest thing to deal with, either. You need to figure out what sort of lease, if any, the tenant has. Most likely the easiest and least problematic legal way to get rid of the tenant will be cash for keys, but find out first what the tenant's lease says.

If it turns out that the tenant has no lease AND has no interest in leaving, you'd best start boning up about eviction law in your area. I always recommend that investors hire an experienced lawyer to do the first one for them. It's an expense, but it's also an important learning experience. Some of us go years without an eviction, some of us go days. Good luck to you, no matter what happens.