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Updated over 5 years ago, 04/16/2019
The Occupants from Hell!
I am currently dealing with some occupants (who are no more than squatters) and getting them out so I can get in and start the rehab has been a daunting process. Typically, I get them out with cash for keys and it is never easy, but usually effective.
In this case, I purchased the property (practically stole it on price and terms)Feb 28th of this year and am still working on getting these morons out. I offered them $6k! for keys and they did not take it. I started eviction and they have used every tactic in the book to cause delays and extend the process. On the final hour before the summary judgement hearing, one of the two occupants filed for BK causing another 45 day or so delay. Unfortunately in CA, the laws, for some stupid reason, reside with occupants and not the legal owners. (I wont even get started on politics here!)
The good news is that I was able to have summary judgement against one of the occupants and already filed for the Sherriff to remove her from the premises. Should be within the next week or so for that. The kicker is that once it happens, her boyfriend still has rights to be there (until he is finally evicted) so I am quite sure she will just come right back. When that happens, I will make damn sure I make their lives as miserable as possible for the problems they have caused me. How can I do that legally you might ask? I will have periodic visits to the property and when I see she is there, I will call the Sherriff and inform them that she is illegally trespassing on my property and I want her removed/arrested. I will do this as many times as it takes until they get the point or until summary judgement against him occurs. Either way, screw them both!!! :roll:
What comes around goes around and theirs is coming.
***Update as of today 1-31-16: 5 years and 32 thread pages later, this is still ongoing. The following link was created by a BP Member in support of my situation found on page 32 of this thread. https://www.gofundme.com/OccupantsfromHell
This was approved by the heads of BP to be live in this thread. ***
This is absolutely unbelievable. Makes me thankful for every rent check that I have got. Keep on Will.
Hi,
I am new to BP and just started exploring. This is the first novel I have read on this site. All 21 pages. Started at 4am and is now 630am. Needless to say, it's a page turner. I believe you are coming up on 4 years. Very humbling experience, I'd imagine. You've been very detailed in logging everything and for this shared experience I thank you. Any other updates? Soon to be yours again? Plans with the home once it's all over?
Court date is at the end of this month, I expect the opposing party to call 500 BS witnesses to drag on the trial into 2 days. Of course I will object to all of the non relevant choices and urge the judge to not allow them to abuse the court's time. Assuming I win the case (you would think it is a no-brainer but after 4 years, Murphy's law certainly applies here), I will initiate the new eviction process, have the Sheriffs toss his rear on the street, I will fling him the bird, rehab the house, sell for what may be a profit (with the recent increases in value, I should at least break even or come close to it), and then just for my own personal satisfaction, file a small claims suit against him which will follow him for the rest of his natural born miserable life. (small claims rather than full blown to keep the costs down and I doubt I will collect much of anything anyways so why waste a lot of money on a lost cause)
I don't understand what his witnesses can provide. "Yes, he owns the house...I visited him there." Or "Yes, he said he was married and co owner" I would like to see this trial....I imagine it is at the Van Nuys court house?
Originally posted by @Matt R.:
I don't understand what his witnesses can provide. "Yes, he owns the house...I visited him there." Or "Yes, he said he was married and co owner" I would like to see this trial....I imagine it is at the Van Nuys court house?
He has some previous lawyer who will testify that he informed me before I purchased the property that he was married to the seller. He can tell me he was the Easter Bunny, but public records show otherwise.
No, it was in San Fernando court, now in Chatsworth.
@Will Barnard Jesus H. Christo, I just read this entire thread, and I'm numb! I think after about 3 months of that nonsense I would've approached the Hell's Angels to see if they wanted to rent a cheap club/party house for a few months, put your squatters name on the Lease and deposit their "cash deposit and first months rent" in the squatters bank account. Fix the popcorn and sit back and enjoy...
At the very least I think I'll go jerk my daughter out of Law School! lol
Good Luck Will.
@Charles Reed I believe you were asked a question by @Matt C. that was verified by @Greg H. Do you feel no need to attempt to defend your statements? HA. Your ignorance and misinformation on this subject has been a great comical relief to a very upsetting thread and for that, AND THAT ALONE...I thank you.
@Will Barnard I have said it before and I will say it again. You are such a better man than me. I could not believe going threw a nightmare like this. I hope you get the satisfaction you so rightfully deserve.
Charles was a one day wonder. He stumbled on to the site in between games of Guitar Hero
Good luck with this nightmare situation. Man.
Originally posted by @Account Closed:
Best of luck with this nightmare scenario. Here's something to keep in mind for future deals:
http://capstonecapitalusa.com/the-most-friendly-8-...
I personally like working here in TX, and I only owner finance houses. None of this renter nonsense.
I'll let Will correct me if I'm wrong, but I'm pretty certain this was intended to be a luxury flip, not a rental property... :-)
Originally posted by @Account Closed:
Best of luck with this nightmare scenario. Here's something to keep in mind for future deals:
Joe, I know this is an extremely long forum post, but if you read it you'd know this isn't a landlord/tenant situation. The nightmare scenario deals with a squatter, not a tenant/renter.
thanks, sorry, I will correct my post!
Wow - I just invested 2 hours to this thread, expecting to read about a happy ending. Best of luck Will!
This is a very educational story. Thank you for sharing.
Originally posted by @J Scott:
Originally posted by @Account Closed:
Best of luck with this nightmare scenario. Here's something to keep in mind for future deals:
http://capstonecapitalusa.com/the-most-friendly-8-...
I personally like working here in TX, and I only owner finance houses. None of this renter nonsense.
I'll let Will correct me if I'm wrong, but I'm pretty certain this was intended to be a luxury flip, not a rental property... :-)
@J Scott is correct, this was always to be a buy, rehab, and flip, never a rental and it is still not a rental, just a house being held hostage by a moron who has been very successful at abusing the system. The only incorrect part of J's response was that this home is not a luxury flip, rather, a typical standard home flip with an exit value below $500k.
Court today. Went pretty well, in fact, much better than ever before. The new judge is great, she does not mess around, does not take any crap, is intelligent, performs due diligence before hearing the case, and actually reads the filed docs BEFORE we get into court!
While I thought this was my trial start, it was not, but at least this time, serious progress was made and serious statements by the judge were made.
In a nut shell, she stated that her position was that I am a bona fide purchaser and that there was no legal marriage. (Duh). This judge has agreed to take the case rather than ship it off which will save time and money. So in the second week of May, I get my actual, can not be postponed trial to settle this once and for all. Opposition is stubborn but they must be afraid now. I made a cash for keys offer today, doubt they will take it, but worth the try. So the saga continues for another two months or so . . . . . . Stay tuned!
Congrats - sounds like you are now in front of someone who cannot be swayed by BS and while you still must wait, all indications are the end is in sight. Can't wait resolution. Would you be willing to detail the numbers on all of this once it's resolved once and for all -- so curious how this is playing out economically for you.
And seriously - once this IS done, I know some production group will option it. This has Investigation Discovery, 48 Hours, 20/20, etc., written all over it!!
If the judge recognized no legal marriage and I assume that is between the seller (way back in 2011) and this "nice occupant," why isn't this over? What possible claim does this occupant have left?
Originally posted by @Kevin Yeats:
If the judge recognized no legal marriage and I assume that is between the seller (way back in 2011) and this "nice occupant," why isn't this over? What possible claim does this occupant have left?
Today was an MSC and not the trial so today was bringing the judge up to speed, hearing both preliminary sides (off the record) and forming a verbal opinion as to her thoughts on what my attorney filed. Opposing counsel failed to file anything. We cited all relevant new case law in support of our arguments and that was plenty for the judge to make her statements and opinions. Opposing counsel still wants to argue that there is case law that his clients divorce filing of an illegitimate marriage (he us claiming punitive spouse) can be tied to the property rights. Judge disagreed but welcomed to hear arguments at trial. There is no case law to support such a wild claim but non the less, they will argue it.
@Will Barnard I believe a huge congratulations is in order. Although no judgements have been made, you have a judge that is taking this head on an not allowing any more delays. That is really all you can ask for. Huge day for you.
Interesting
The lawyer claims that filing for divorce from a marriage that never happened (existed) establishes the marriage and thus the claim.
I wonder how many people will file for divorce from Bill Gates/Melinda Gates and Warren Buffett et al?
@Kevin Yeats I should have mentioned that I am currently divorcing Barbara Corcoran... and I want HALF!
I guess that attorney went to the school of 'I sign a quit claim deed and subsequently, I own the property' ;-).
maybe you need to invest in a body guard for the judge a few days before the trial.....
Originally posted by @Kevin Yeats:
Interesting
The lawyer claims that filing for divorce from a marriage that never happened (existed) establishes the marriage and thus the claim.
I wonder how many people will file for divorce from Bill Gates/Melinda Gates and Warren Buffett et al?
I am currently divorcing the love of my life - Eva Mendez as well as Jennifer Lopez, Scarlett Johansson, & Jessica Alba. Those homes are mine! However, if one or all wish to remain intimate with me, I will not argue the point.