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Updated over 5 years ago, 04/16/2019

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Will Barnard
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  • 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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Cal C.
  • Investor
  • Peachtree Corners, GA
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Cal C.
  • Investor
  • Peachtree Corners, GA
Replied

Another ringing endorsement of California's (un) justice system.  

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

I believe with kickstarter you have to set a goal and only get the funds, if you hit that goal and with indie-gogo you get everything that is being donated.

And people will have to be required to donate to the campaign, in order to get the secret password to be able to enter the party.

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

I would be concerned that someone would "overstay" their welcome after the party...for like 4.5 years  :-)

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Michaela G.
  • Investor
  • Atlanta, GA
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Michaela G.
  • Investor
  • Atlanta, GA
Replied
Originally posted by @Edward Hamill:

I would be concerned that someone would "overstay" their welcome after the party...for like 4.5 years  :-)

 Maybe they all need to turn in their cell phones at the door for a ticket and they'll get it back when they leave. Nobody will give up their cellphone permanently ;-)

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Luka Milicevic
Agent
  • Real Estate Agent
  • Nashville, TN
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Luka Milicevic
Agent
  • Real Estate Agent
  • Nashville, TN
Replied

Gosh!  A friend of mine sent me a link to this thread. When I saw the original post I didn't want to comment seeing as it probably ended sometime in 2011. To my surprise.....

I honestly can't believe that this happened. CAN'T believe it! 

I sure do hope you write a book about this ordeal and make sure to include the names of the tenants! If only you could call the Sopranos, right? :-D

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

Gosh!  A friend of mine sent me a link to this thread. When I saw the original post I didn't want to comment seeing as it probably ended sometime in 2011. To my surprise.....

I honestly can't believe that this happened. CAN'T believe it! 

I sure do hope you write a book about this ordeal and make sure to include the names of the tenants! If only you could call the Sopranos, right? :-D

That thought has crossed my mind a few HUNDRED times. Problem is the attorney would probably have the heirs continue the BS. Digging one hole is no problem, but that many? I don't think so.

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James Hiddle
  • Altus, OK
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James Hiddle
  • Altus, OK
Replied

Man this is still going on? I still remember you starting this thread Will years ago and thought this would be done by now but guess the very ugly red tape being thrown around like an ape throws his fecal matter is the norm in Cali!

Welcome to the People's Republic of California. A land of sports teams and broken dreams. A land of hollywood careers and salty tears. A land of wife beaters and liars and cheaters. And a land of slick trick and bad politics.

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J Scott
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J Scott
Pro Member
  • Investor
  • Sarasota, FL
ModeratorReplied
Originally posted by @James Hiddle:
Welcome to the People's Republic of California. A land of sports teams and broken dreams. A land of hollywood careers and salty tears. A land of wife beaters and liars and cheaters. And a land of slick trick and bad politics.

 California is a large place...

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Chris Martell
  • Middletown, CT
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Chris Martell
  • Middletown, CT
Replied

I just read this entire thread, and the whole time I was thinking "it's gotta be resolved by now, we're almost 5 years and 27 pages deep!"  

@Will Barnard, it's gut-wrenching to read this saga. I hope that from here out it goes smoothly, and that ultimately it creates a great situation (a surprisingly good sale price, a lead on an incredible deal, etc).  Thanks for sharing this incredibly educational tale with all of us.  Keep fighting the good fight.

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James Hiddle
  • Altus, OK
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James Hiddle
  • Altus, OK
Replied
Originally posted by @J Scott:
Originally posted by @James Hiddle:
Welcome to the People's Republic of California. A land of sports teams and broken dreams. A land of hollywood careers and salty tears. A land of wife beaters and liars and cheaters. And a land of slick trick and bad politics.

 California is a large place...

 It is 

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Will Barnard
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Will Barnard
Pro Member
  • Developer
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ModeratorReplied
Originally posted by @James Hiddle:

Man this is still going on? I still remember you starting this thread Will years ago and thought this would be done by now but guess the very ugly red tape being thrown around like an ape throws his fecal matter is the norm in Cali!

Welcome to the People's Republic of California. A land of sports teams and broken dreams. A land of hollywood careers and salty tears. A land of wife beaters and liars and cheaters. And a land of slick trick and bad politics.

It is sad this is still going on, however, I certainly don't agree with your generalization of CA. Even with this nightmare, Southern CA is one if thevgreatestvplaces in the world to live in my opinion. Tough to beat our weather, our amenities, and much more. The politics here are certainly a downer but not enough to get me to move! I will keep fighting the fight and eventually come out victorious. Then I'll head down to the beach wearing shorts in November and the next day head up to the cabin a few hours away to go snow boarding.

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Wilson Churchill
  • Madison Heights, MI
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Wilson Churchill
  • Madison Heights, MI
Replied

What is the end game here? Just eviction? Can you go after them for back rent? Can you bring information about their squatting to the bankruptcy judge for the one occupant? Can you file a complaint against their lawyer for unethical conduct?

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Will Barnard
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Will Barnard
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ModeratorReplied

Had court for trial this morning on this nightmare. As typical of my situation, court is now pushed back yet again for like the 1000th time because the A-hole filed another BK yesterday, just one day before court trial. Clearly just another typical ploy on his end and his attorney to delay this issue. I have to wait until November 6th now for my day in court. Worst part (other than me losing even more money) is the fact that my poor attorney had to leave Paris early just to make it to our court appearance today and it was all for not. 

The jerk attorney on the other side could have notified us this was the intent and we would not have had to waste our time yet again today.

If anybody in the world deserves a firing squad, it is these people!

Just to poor more salt on my wounds, I also have court (back in dreaded family court) next week as the idiot attorney has filed an appeal and is requesting the court to grant a stay action due to the appeal. This is obviously not proper or valid and will not be granted but I have to appear and pay to fight it none the less.

So much fun, I think I will start taking up a pity collection on this.

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Marcia Maynard
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Marcia Maynard
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Replied

@Will Barnard    Ground Hog Day!  Thanks for the update. So sad. 

We are still rooting for you!

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Rick Bradd
  • Real Estate Lender
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Rick Bradd
  • Real Estate Lender
  • Pt Hueneme, CA
Replied

"I think I will start taking up a pity collection on this"

I will kick in a few beers, hows that sound? Maybe at the Demo Party when you finally take possession????

Rick 

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Matt R.
  • Sherman Oaks, CA
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Matt R.
  • Sherman Oaks, CA
Replied

@Will Barnard Dang mang. I did not want to say anything but I knew that was going to happen based on the time lines. The suckiest part about this is he is not even a tennant. Did your lawyer know this was going to happen? He should have. I think you are back to cash for keys if he finds the right LA law group now or his current pulls every trick in the book.

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Gerald R.
  • Alta Loma, CA
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Gerald R.
  • Alta Loma, CA
Replied

wow, I wish i never saw this thread.  

Wish you the best, almost there so it seems any way.

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

I'm really sorry you are having to go through this.  Have you thought about investing somewhere else to mitigate court inflicted losses?

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Roy N.
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Roy N.
Pro Member
  • Rental Property Investor
  • Fredericton, New Brunswick
ModeratorReplied

Will,

When I said my son might start school before you have this house flipped, I was being facetious ... but at 11-months to go, you're cutting it close.

At this point, the end will be relief as opposed to victory.

  • Roy N.
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    Michael J.
    • jamaica, NY
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    Michael J.
    • jamaica, NY
    Replied

    Wow, i started reading this thread at 7pm EST and just finished at 950 pm. I was expecting a conclusion on page 28; however, now it seems as if there is still no resolution in sight.

    I would hate to see a concession from you on this even though legal costs are mounting. This is unfortunate and unfair that someone can abuse the system with little to no recourse from the petitioner. Considering I've been a party to legal matters from 2012 till 2015, I completely understand your frustrations and i will continue to tune in. Good luck to you sir 

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    Michaela G.
    • Investor
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    Michaela G.
    • Investor
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    Replied

    Is there a point in time when you could ask for sanctions against the other attorney, since he's knowingly using false information (the non-existing marriage) and bankruptcy to play games with the legal system?

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    Matt R.
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    Matt R.
    • Sherman Oaks, CA
    Replied

    I certainly hope I am wrong Will. I lost track where you exactly were in that eviction process or if that is applicable now.

    I know the BK stays the process and the next weasel step is a demand for a jury trial for the eviction. The tenant would still have to pay rent for that to happen, since he has no rent to pay he gets out of that part. Jury trials for evictions in LA are 18 to 24 months out. Typically, the only move for the LL is cash for keys to prevent.  This might not apply here and that may only be for rent controlled rentals.

    Again, I really hope I am wrong. The movie will be great still. Good luck!

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    Steve Babiak
    • Real Estate Investor
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    Steve Babiak
    • Real Estate Investor
    • Audubon, PA
    Replied
    Originally posted by @Will Barnard:

    ... Worst part (other than me losing even more money) is the fact that my poor attorney had to leave Paris early just to make it to our court appearance today and it was all for not. 

    ...

    I suspect that you will see round trip tickets to Paris as part of your bill :(

    If you are not looking to get a money judgment - just possession - I believe you can petition to be released from the BK and would probably get that. 

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    Marcia Maynard
    • Investor
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    Marcia Maynard
    • Investor
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    Replied
    Originally posted by @Michaela G.:

    Is there a point in time when you could ask for sanctions against the other attorney, since he's knowingly using false information (the non-existing marriage) and bankruptcy to play games with the legal system?

    I was thinking the same thing. It seems the other attorney is only in this for the game. There doesn't seem to be any money in this for him.

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    William Morgan
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    William Morgan
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    Replied

    Will, 

    I don't know if this has been mentioned before but have you considered taking your story to various media outlets, local, regional or national?  Not only would it shine a light on how California's legal system enables this but it might shame the DA, Mayor etc into doing something about it.

    I would also inform the CA Bar Assoc. and ask them to monitor the situation.

  • William Morgan