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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. ***
So I had court last week as a mandatory attempt to reach a settlement agreement. of course, this jack hole is a stubborn old bird and the only settlement he will take is my house! Good luck getting me to agree to that!
Anyways, it appears that his attorney wants to settle but can not convince him to do so. I actually made two very, very appealing settlement offers to him, neither one did you take against the advise of his counsel, so I was told. One offer was to provide me possession, I would fix up the house and sell. The proceeds would make me whole and he could keep 100% of the profits which would be significant. He refused and said he was not going to "lay down". What a fool. I also offered for him to get a loan and make me whole in the amount of $150k. The judge was suggesting $130k, It may very well be $200k to make me whole but I would take $150k just to get out of this nightmare of a twilight zone. he refused that too.
One thing I have not done in quite some time (over a year) is run comps. To my surprise, the value has increased by over $100k from where I thought i could sell it about a year and a half ago. This got me really excited because, assuming I win the case in October, I know have a property that could sell for an amount that would not only make me whole, but deliver a handsome profit, of course not nearly enough for all the stress and anguish I have been put through, but a good profit none the less.
To be continued as usual . . . . . . .
Will, who on earth would offer this guy a loan, he must be the least credit worthy borrower on the planet !!.. And I am sure you, and many others, hate the fact that he is being rewarded for bad behavior. Why not present this to the local media like others have suggested. I can not see how anyone would sympathize with him given the facts !
I recently had a situation where a local unlicensed business was creating a nuisance in my neighborhood. I will spare you all the details, but bottom line was police and city officials refused to step in. Each said the operation was clearly illegal but no one would step in because they said it was the other agencies responsibility to carry out enforcement.. Out of sheer frustration, someone contacted a local TV station who interviewed us and ran a short segment outlining the situation. The business voluntarily shut down the next day and the problem was solved. So public shaming can be a very effective tool, that does not require much of your time and effort.
And by paying him off it sends a strong message that crime pays, and the investor is stuck carrying the bag when a lowlife like this intentionally targets him.
Good luck, and thanks so much for the update. I am glad you have maintained a positive attitude and continue to move forward with the rest of your business.
This is my first visit to the thread and I am horrified. I've had some ridiculous legal wranglings before, the most onerous being an EXTREMELY poor former employee at a non-profit I serve on the board of, but that only took just over a year to salt away. This is insane. Best wishes @Will Barnard , I know many have sent their best and it hasn't seemed to help, but one more person's well wishes can't hurt! :-)
Thanks for all the kind words people, as miserable as this is, your support is appreciated.
Dave, I like the media idea, however, in this case, this guy would not be shamed at all (you should see how he looks showing up to court and that will tell you everything you need to know) as he has no shame. Secondly, as David R pointed out, this could enlighten other crooks to the scam, I certainly would not wish this on my enemies (just my worst two enemies!).
I am thinking that after I have him out, or at least have eviction rights and have started the process, then I may go to the networks with this, possibly even get a show out of it! It has to be worth several hundred thousand dollars to turn this into a show!
Um, not to state the obvious but I would just physically remove them from YOUR home. I am feeling angry at these people and it's not even my house they are in. What kind of society do we live in when a person can be inside someone's home without any permission or other authorization to be there and yet the home OWNER isn't allowed to react in kind? For all you know, those people broke into the house last night and are nothing more than home invaders or burglars. In a case like this it would seem that you wouldn't be blamed for defending your property and health using any means necessary.
Seriously, you shouldn't have to offer these crooks $6k just to get access to what is legally yours. At the very least, this amounts to extortion which, last I checked, was a felony.
Originally posted by @Patrick L.:
It doesn't work. I tried that on my squatters. My maintenance guy saw the squatters were gone during a site visit and changed the locks. The squatters called the cops to tell them we locked them out of "their apartment." The cops said if they say it's theirs they can re-enter it and told the tenants to go ahead and break a window to get back in if they had to. Until I completed an eviction there wasn't anything I could do.
How can the cop know that they weren't simply fabricating the entire story? Why don't you simply do the same and tell the cop that they locked you out of your "apartment'? I mean, c'mon, this all is so ridiculous. What would stop any person, homeless or otherwise from walking up to a multi million dollar mansion somewhere, break in and then say, "it's mine!"
First of all, congrats that you stayed strong and did not follow some of the “advise” to solve the problem out of court. ! what a nightmare. Speaking of nightmares : ….today I will have a little chit chat with an owner who was foreclosed on. The topic is “monetary compensation” for the current owners to move out after confirmation of sale. The scenario is the following: the property was sold on auction in July 2014. I bought it and deposited the money with appointed selling officer. I have determined that the people who live on the property are the owners who were named in the foreclosure lawsuit. The confirmation of sale is set for October 30th 2014. At that time if everything goes according to the plan I should get order for possession and deed couple of days later. First mortgage was foreclosed. There are couple of credit card judgements that will be wiped out due to foreclosure deficiency ..in other words there should be no title problems …now what about the actual possession :
So far I have established a civilized relationship with owners. I told them I work for the company that bought your place. The company is willing to pay you if you move out after October 30th. I did not want to push them and offer them money to move out in e.g. 2 months. I would not be the owner of the property (no deed) prior to Oct 30th. I could possibly negotiate the deal with the owners sooner, ask an attorney to file motion to intervene (add me to the case) and set a confirmation of sale sooner at a default call roll (as opposed to contested call we have it now). I decided not to feed the system though ….I have other projects going ..let this one wait. Hey plaintiffs attorney paid the 4K in taxes. I am happy camper…
I have gone to the house couple of times, took pictures, sat at the table, had a conversation, I was sympathetic, compassionate etc..tried to do everything so that they like me and perceive me as an employee of some evil, greedy corporation. I show up in beat up car, messed up pants etc ;-) finally …I asked them ..what's your $$$ number ? They told me 4K. the house was purchased for 32K, once rehabbed (40K easily in rehab costs) I could sell for 90-100, or just sell it on MLS to an investor or handy man family for 42K..so there are exit options. so today we want to talk. They have their attorney, who ocassionally sends me some updates about the cash for keys agreement I sent them months ago. Attorney said "they wait for their client to make up the mind" I have no idea what they plan. It might be a rodeo just liked yours. So …today I will help them to make up their mind.
My plan is the following : lets agree that 4K is the number. At the confirmation of sale I expect their attorney to show up and tell the judge that possession is instanter as opposed to statutory 30 days, we meet at the house the same day and I give them cash. They move out, there is no furniture in the house, nothing that can show me ..”we aint be moving out”, I have relocking company change all the locks right after they are outside, install the alarm system, notify the local police about the agreement etc. I don’t want them to move back in over night..I would have to start everything from scratch, regular eviction, etc. yes they broke in, yes they changed the locks ..so what ..this is their house for the last 10 yrs and police would probably see that as a civil matter at best. what brake in .."we don't see any signs of brake in, we see them in our church every week..what you talking about" .. Can I sue for breach of contract, of course …;-)
My case is a little different. The house was sold on foreclosure, …eviction should be as easy as handing over order for possession to the sherrif..well ..I do not want to test crook county legal system…
Sounds like a plan ? last thing I want to do is piss them off. All it takes is open the water on the 2nd floor and let it run for a week….if it takes 6K to have them out so be it …I just make less profit..
I stopped reading your ridiculously long post once you stated that you lied to the occupants.
Perhaps you should ask for advice on how to perpetuate your lie in your own thread, not Will's.
Will, It's October. Anything new? I have been and will continue to pray for you.
Originally posted by @Vicki Gleitz:
Will, It's October. Anything new? I have been and will continue to pray for you.
Not yet Vickie, court is later in the month,so I am still in the waiting stage,however, I am getting anxious as time draws near.
Originally posted by @Robert D.:
I have gone to the house couple of times, took pictures, sat at the table, had a conversation, I was sympathetic, compassionate etc..tried to do everything so that they like me and perceive me as an employee of some evil, greedy corporation. I show up in beat up car, messed up pants etc ;-) finally …I asked them ..what's your $$$ number ? They told me 4K. the house was purchased for 32K, once rehabbed (40K easily in rehab costs) I could sell for 90-100, or just sell it on MLS to an investor or handy man family for 42K..so there are exit options.
We meet at the house the same day and I give them cash. They move out, there is no furniture in the house, nothing that can show me ..”we aint be moving out”, I have relocking company change all the locks right after they are outside, install the alarm system, notify the local police about the agreement etc. I don’t want them to move back in over night..I would have to start everything from scratch, regular eviction, etc. yes they broke in, yes they changed the locks ..so what ..this is their house for the last 10 yrs and police would probably see that as a civil matter at best. what brake in .."we don't see any signs of brake in, we see them in our church every week..what you talking about" .. Can I sue for breach of contract, of course …;-)
My case is a little different. The house was sold on foreclosure, …eviction should be as easy as handing over order for possession to the sherrif..well ..I do not want to test crook county legal system…
Sounds like a plan ? last thing I want to do is piss them off. All it takes is open the water on the 2nd floor and let it run for a week….if it takes 6K to have them out so be it …I just make less profit..
Robert,
I was not going to respond to this post but thought this could be a teaching opportunity to others.
As you mwntioned, this is an entirely different state and possibly different laws (assumption) from one anither.
With that said, let me tackle the easy scenario. So if you legally have taken over the home via documents not to mention physically by way of lock change plus alarm... And the previous owners made their way back into your property, this would be breaking and entering, trespassing, etc...
So not sure what the point is unless your state laws are similar to Will's state.
On the ither note. I'm not sure you can wholesale this home at a $10K wholesale fee. By your numbers, this is not even a good deal. The purchase price for a potential investor (according to you) would be $42K with rehab costs at $40K "easily", equating to $82K (not counting two closing costs, holding cost, etc.) And the sales price being a minimum of $90K.
Basically, what I'm saying is, this is not a good deal for most investors as there is no profit in this property (no meat on the bone). So that exit strategy is out the window. Not sure how healthy the market is in your area, but even if you rehabbed it yourself and had your own cash, there is no profit either. Not sure if the $4K is even included in your $32K purchase price, but even if so, there still very little room for error.
And little room for error is little room for profit.
Lastly, even if you kept the property, you would have your money tied up for awhile.
Not sure of this would be a good deal for anybody.
Need better numbers in my opinion. If it doesn't make numerical sense, then worrying about a flooded home is the least of your problems.
Just my two pesos.
Big Henry
The saga continues yet again. Opposing counsel comes into court on ex parte motion to move hearing again claiming he has a domestic violence case on the same date that takes precedence over our case. While it does take precedence, I am not sure it is true. Either way, court case now moved to November so I get to wait yet another month.
Somebody upstairs is really testing my patience.
@Will Barnard I know how you can get your money back! Sell the movie rights to this... this story is amazing.
@Dawn Anastasi Perhaps, you can create a movie poster such as your meme. Ha!
Originally posted by @Will Barnard:
The saga continues yet again. Opposing counsel comes into court on ex parte motion to move hearing again claiming he has a domestic violence case on the same date that takes precedence over our case. While it does take precedence, I am not sure it is true. Either way, court case now moved to November so I get to wait yet another month.
Somebody upstairs is really testing my patience.
Perhaps hire an investigator to follow the attorney that day to see if he in fact shows up to court for the other hearing.
Originally posted by @Account Closed:
Originally posted by @Will Barnard:
The saga continues yet again. Opposing counsel comes into court on ex parte motion to move hearing again claiming he has a domestic violence case on the same date that takes precedence over our case. While it does take precedence, I am not sure it is true. Either way, court case now moved to November so I get to wait yet another month.
Somebody upstairs is really testing my patience.
Perhaps hire an investigator to follow the attorney that day to see if he in fact shows up to court for the other hearing.
Thought about that but did not have enough time to arrange it as the scheduled court date was yesterday, the day after his ex parte hearing.
@Will Barnard - I read this thread with my mouth hanging open. It is appalling that the law works to protect people like this, who are so obviously working the system, while simultaneously punishing the job creators/cash investors. Our society has a lot to gain by hard working, honest people being able to invest in it! It's sad, because it's like they're shooting themselves in the foot! My most sincere sympathy for your plight.
Wow. Pacific Heights 2.
@Will Barnard After re-reading the thread, I see my movie rights deal was not an original thought. I appreciate the Vote anyway.
So, here is a hypothetical situation... imagine one day this guy leaves his house. Someone else enters the home, packs up his stuff, puts it on the curb, puts his own stuff in, and then becomes the new squatter. I don't think your current squatter could get rid of the new squatter. He would have to go through the same legal process as you. I think this may have been an option three years ago, but certainly not now. Something to think about for where the guy moves to next though... do you have any friends that would want to live rent free for three years at this guys expense?
I like the way you think Jon. I do honestly believe that what comes around goes around and this guy will in some form or fashion get what he deserves, likely may not come from me but none the less, karma catches up to everybody.
- I've read this entire thread but over the past several months and can't remember . . . does your local media know about all this? There is a thread on BP about an AirBnB squatter and the BP nation rallied and eventually it got picked up by news media, etc., and the end result was the lady has her property all straightened out. This could make a great human interest story - like here in the Washington Post, I could see this in the Metro section - if not the freakin' front page and A section!! We're all hanging on and praying for you on what will happen next . .
I'm dying to know what you will do when this is ALL OVER . I say a well-deserved trip to a tropical island for several weeks is in order!
Will, there are many things in the world to pray about, but I feel I should pray for you in this property deal!!!
This man's strategy seems to be to bleed you of money and wear you out until you give him a free house. How are you going to stop him? I'm so sorry to say this but he appears to be winning so far.
I don't even want to say hang in there, because I don't know what the right answer is. I hope you come out of this OK, whatever way that is.
P.S. I do not believe in karma. Take care of yourself!!!
Ultimately the squatter will run out of available options and/or will land in-front of a magistrate who see things for what they are and act boldly. It is also reasonably just shy of certainty that Will could be successful in obtaining a judgement for costs and damages, but it probably would be a shallow victory as the squatter likely does not have two bits to rub.
Originally posted by @Christina R.:
- I've read this entire thread but over the past several months and can't remember . . . does your local media know about all this? There is a thread on BP about an AirBnB squatter and the BP nation rallied and eventually it got picked up by news media, etc., and the end result was the lady has her property all straightened out. This could make a great human interest story - like here in the Washington Post, I could see this in the Metro section - if not the freakin' front page and A section!! We're all hanging on and praying for you on what will happen next . .
I'm dying to know what you will do when this is ALL OVER . I say a well-deserved trip to a tropical island for several weeks is in order!
I'm curious also if you've contacted the media? The AirBnB thread was very interesting and after the OP contacted a local reporter about it, the story went viral and ended up on the DrudgeReport and various national news channels. I think it could only help your case against these filthy dirtbags.