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Updated over 5 years ago, 04/16/2019

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Will Barnard
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  • Developer
  • Santa Clarita, CA
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The Occupants from Hell!

Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorPosted

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. ***

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Stephen S.
  • Wholesaler
  • Holiday, FL
221
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571
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Stephen S.
  • Wholesaler
  • Holiday, FL
Replied
Just be clear;  I wasn't talking to you - but rather to the person whose text I quoted in company with my comment. <g>

stephen
------------


 Originally posted by @Account Closed:

Thank you for your comments about me, I will try to be more gracious and less of a troll.

Charles Parrish

Account Closed
  • Coppell, TX
14
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37
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Account Closed
  • Coppell, TX
Replied

WOW. No words. @Will Barnard, you are one of a kind. Even thought these people are really low, and the attorney!! mafia attorney?  you have not done anything crazy, and I'm sure many ideas can cross your mind, or you got tons of suggestions, like the pest tent fumigation idea. 

I'm not sure many people can be as persistent as you are  but with your attitude. Your right, What comes around goes around. I really hope at the end of this journey you will be able to at least break even. Or maybe write  book, sell the rights for a TV show or something, and hopefully for a good profit to compensate for all your time.

Good luck!

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Ceasar Blackman
  • Real Estate Agent
  • Orlando, FL
40
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270
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Ceasar Blackman
  • Real Estate Agent
  • Orlando, FL
Replied

@Will Barnard Seriously I think BP should have a banner trying to source some contributions for you. Spending 3 hours just reading and skimming through this thread has me wanting to pull my hair out!! No words that you simply have to take a hit like this and this bozo gets away scot free living in your property. Maybe a nicely loosen tire on his car on the highway might be in order! Joking, but serious your a saint for how patient you have been. 

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Edward Hamill
  • Professional
  • Nokomis, FL
99
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123
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Edward Hamill
  • Professional
  • Nokomis, FL
Replied

Is it wrong that this thread is the homepage for my browser?  It is like our own version of Game of Thrones without all the nudity (please... based on profile photos, lets keep it that way :-)  )

We are still holding out hope for a resolution before the end of 2015, @Will Barnard!

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Will Barnard
Pro Member
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  • Santa Clarita, CA
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied

December 16th (if it is not postponed for the 2,000th time) is my day in civil court for the relief from stay/unlawful detainer action. I am not even thinking about it since I have been disappointed so many times, but still hoping for a positive resolution to this matter. I was really hoping for just one Christmas present on or before Christmas - possession of my property - but that does not appear to be possible before then, so perhaps in January.

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Cal C.
  • Investor
  • Peachtree Corners, GA
1,060
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Cal C.
  • Investor
  • Peachtree Corners, GA
Replied

Good luck!   I hope you can get them out before the five year anniversary!  

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Stephen Haynes
  • Rocklin, CA
66
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Stephen Haynes
  • Rocklin, CA
Replied

I would have thought the Occupants would have Overdosed by now. Or really I was just hoping for it.

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Will Barnard
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Will Barnard
Pro Member
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  • Santa Clarita, CA
ModeratorReplied

As usual, today will not be the day again. There are a couple pending issues so the judge has ordered a conference to make sure all is cleared up before hearing trial on this matter. Pending today's outcome, the judge will set trial tomorrow.

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Jack B.
  • Rental Property Investor
  • Seattle, WA
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Jack B.
  • Rental Property Investor
  • Seattle, WA
Replied

I only read the first and last pages of this thread, but WOW. Between the fact that my returns have come down to about what I could get with a REIT index fund since the property price has appreciated significantly, and this kind of crap in an increasingly liberal political environment, I'm really wondering if I wouldn't be dodging an eventual bullet by getting out now. Less time, less risk, more diversification, for the same return. It's starting to look more and more attractive.

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Meghan Reed
  • Investor
  • West Suffield, CT
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Meghan Reed
  • Investor
  • West Suffield, CT
Replied
Originally posted by @Will Barnard:

As usual, today will not be the day again. There are a couple pending issues so the judge has ordered a conference to make sure all is cleared up before hearing trial on this matter. Pending today's outcome, the judge will set trial tomorrow.

 Grr, not at all surprising but still annoying.  Hopefully your day will come soon enough...

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Michaela G.
  • Investor
  • Atlanta, GA
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Michaela G.
  • Investor
  • Atlanta, GA
Replied

Did the judge set a trial date?

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Candice Gold
  • Houston, TX
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Candice Gold
  • Houston, TX
Replied

Commenting to mark my place for any updates; I'm so sad/mad/wanna fly to Cali and kick this guy square in the.. You know, for you. Nothing worse than a thief who wreaks havoc on the good guys. I'll buy your drinks the day you finally see a resolution! 

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Will Barnard
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Will Barnard
Pro Member
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ModeratorReplied
Originally posted by @Michaela G.:

Did the judge set a trial date?

 Court date on Monday, Jan 11th. I hope to bring good news to this thread soon.

I accidentally posted this update yesterday in the wrong thread, it is now corrected. I must be stressed out or something!!!

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Chanté Owens
  • Insurance Agent
  • Arizona
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Chanté Owens
  • Insurance Agent
  • Arizona
Replied

@Will BarnardGood luck tomorrow, Will. MANY, of us are cheering for this to come to an end! Horrible, horrible travesty. You've handled this situation with a lot of grace and class. I can not even IMAGINE how annoying/pissed off, etc...that you have been during this whole situation; however, wouldn't it be fantastic to have it resolved at the beginning of a new year and then you can move on? 

I know you have had a myriad of disappointments throughout the entirety of this mess for these years, but I am sending good "juju" in the universe for you, and hopefully there is an end in sight for you.

As another young lady who has offered to buy you a drink after this; when I am in LA this year, I will buy you one too, or you tell me your favorite restaurant/bar, and I'll make sure you get a drink on me - alcoholic or non-alcoholic; whichever is your preference ;-)

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Richard McDonald
  • Investor
  • Mountain View, MO
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Richard McDonald
  • Investor
  • Mountain View, MO
Replied

Wow. I'm so disappointed for you. This is so unreal! 

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Will Barnard
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by @Chanté Owens:

@Will BarnardGood luck tomorrow, Will. MANY, of us are cheering for this to come to an end! Horrible, horrible travesty. You've handled this situation with a lot of grace and class. I can not even IMAGINE how annoying/pissed off, etc...that you have been during this whole situation; however, wouldn't it be fantastic to have it resolved at the beginning of a new year and then you can move on? 

As another young lady who has offered to buy you a drink after this; when I am in LA this year, I will buy you one too, or you tell me your favorite restaurant/bar, and I'll make sure you get a drink on me - alcoholic or non-alcoholic; whichever is your preference ;-)

 Very thoughtful of you, I am not sure a non alcoholic drink would do it after anyone had to deal with this!!!

Sitting in court now waiting on attorneys and judge. . . . .

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Shari Posey
  • Residential Real Estate Agent
  • Long Beach, CA
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Shari Posey
  • Residential Real Estate Agent
  • Long Beach, CA
Replied

I'm sending positive thoughts to you! You have us all on pins and needles.

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Will Barnard
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied

All the thoughts, warm wishes, and positive juju are certainly appreciated but are not enough. Today was just one of thousands of wasted days. First words out of opposing counsels mouth and I new I was in for another delay tactic. 

There are two occupants involved in this mess. The main a-hole and his sorry excuse for a woman girlfriend. Friday, 1 court day before today, she files for BK so per the laws in CA, an automatic stay is granted. I now wasted today, have to go back to BK court to get relief from this stay action, then come back on Jan 28 ( next court date). I had no choice but to bifurcat the two individuals into 2 cases now. Jan 28 will be for him and then a few weeks later (after BK court relieves me), I will have a day in court against her.

My attorney fees and holding costs are becoming insurmountable and I am seriously going to need to consider fundraising on this. I can't be any more patient and my attorney had to calm me down from going postal on these two. I am beyond disgusted!

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Michaela G.
  • Investor
  • Atlanta, GA
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Michaela G.
  • Investor
  • Atlanta, GA
Replied

Oh, damn! So, what is going to keep him from inviting always more people to live there and all starting to file for bankruptcy, one after another?

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Will Barnard
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by @Michaela G.:

Oh, damn! So, what is going to keep him from inviting always more people to live there and all starting to file for bankruptcy, one after another?

 I was concerned about that very thing but was informed that it could not be done without committing fraud. The new occupant would have to show utility bills in their name, receive mail in their name at that address and have that address on their identification. That all said, I would not put it past these two to try it.

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Michaela G.
  • Investor
  • Atlanta, GA
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Michaela G.
  • Investor
  • Atlanta, GA
Replied

Seriously, as suggested before, create a kickstarter campaign and create different level prizes:

- detailed update

- pictures of the house, with scumbags looking out the window ;-)

- copies of some of the public legal filings

- byob party in the house, in before condition

- byob part in the house, after condition

etc. 

We're all hooked now and want to see what's happening, but I'm sure that everyone would be happy to give something for this lesson, that you're giving us.

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Michaela G.
  • Investor
  • Atlanta, GA
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Michaela G.
  • Investor
  • Atlanta, GA
Replied
Originally posted by @Will Barnard:
Originally posted by @Michaela G.:

Oh, damn! So, what is going to keep him from inviting always more people to live there and all starting to file for bankruptcy, one after another?

 I was concerned about that very thing but was informed that it could not be done without committing fraud. The new occupant would have to show utility bills in their name, receive mail in their name at that address and have that address on their identification. That all said, I would not put it past these two to try it.

 But he's already committing fraud and isn't concerned about it. And it looks as if the legal system also does not do anything to punish or stop him. 

Can't you ask for sanctions against the attorney, that is representing him and suggesting all these things?

Maybe it's time to invite a reporter into the situation to show the misuse of the legal system in this case. I don't think you have anything to lose and this would put extra pressure on the legal system to perform in the proper way.

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Greg H.
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  • Broker/Flipper
  • Austin, TX
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Greg H.
Pro Member
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

It is just hard to fathom a court system in this country would deny possession to its rightful owner for 4 1/2+ years !!  Thoughts and prayers to you and your family

Any investor out there looking to purchase an occupied property from sites such as Auction.com and others should be required to read this thread before purchasing

  • Greg H.
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    Matt R.
    • Sherman Oaks, CA
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    Matt R.
    • Sherman Oaks, CA
    Replied
    @Will Barnard Geez, sorry to hear that part.  Their delay tactics are quite effective to say the least.  I don't see the hurt in a scathing press release at this point. If anything it could be newsworthy for all parties involved and give you chance to tell your story in a more public place. Maybe cathartic and maybe a little pressure on the system. Keeping  any future delay tactics to a minimum might help. For $50 bucks this story goes to 2000 news agencies.

    BTW what is to prevent them from throwing in another "occupant" and adding a 3rd BK stay in this case? And a 4th and so on?  I hate to mention that. But I did not mention the other delay tactic that I thought was coming and it happened exactly just as I silently thought. This time I throw this one out beforehand and for the legal team to ponder ahead of time. Especially since there is no one officially on a lease like a normal eviction case would have. There could be a line of unrecorded tenants coming IDK.

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    Michaela G.
    • Investor
    • Atlanta, GA
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    Michaela G.
    • Investor
    • Atlanta, GA
    Replied

    Also, if you can get media attention, then you'll likely get invited to the talk show circuit and I think they'll pay their guests, don't they? Might get some attorney fees together that way ;-)