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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. ***
Originally posted by @Edward Burns:
Hopefully you got this resolved yesterday, but your silence indicates to me that our great judicial system has mange to screw up again.
Nail on head, I am so disgusted I didn't even want to spend the time posting in this thread. Although I actually had the opportunity to sit in front of a judge in open court for once, it was so delayed by all the idiots arguing over he said she said, I want this, he did this, she did that, I only got. 45 minutes rather than the half day I was scheduled for. I hate family court in Los Angeles! How I got here is still a mystery.
Next court date is Feb. Merry X-mas and happy new year to me!
Will, I was thinking about this story and have just seen you're still fighting this fight. Sorry to hear that.
Ever think about burying a statue of St. Joseph in the yard for good luck?
Best of luck as you proceed!
Originally posted by @Ed O.:
Ever think about burying a statue of St. Joseph in the yard for good luck?
Best of luck as you proceed!
Perhaps that would help, I was thinking more along the lines of an atom bomb.
This sounds like one of those voids in society that can only be filled by a professional, experienced hitman. While it would be illegal, I think it would be morally justified.
ow can a BK prevent eviction, if there is no lease or debt
Yes, tgat BK thing is a serious tool. I pray none of my tenants find out about that one. U could get a hearing to go around the BK but that will take time...
I've never read such a long, painful, and discouraging thread before. This sounds like my divorce that took 4 years to resolve. Haha!
Hold fast @Will Barnard ! Persistence, patience and traveling the moral high road will always be better in the end.
Will, is there a legal way for you to play dirty? For instance, is there a chance that the property is not up to code, requiring a village to intervene? Were there some things that were done without a permit that need to be corrected for the "safety" of the inhabitant?
If I understand your post correctly, the tennant/deadbeat claims legal right to ownership of the property while you are the legal owner. Is there a way for you to get access to the property even while the tennant is in there? So, for instance, can you hire a crew for a roof replacement but delay the installation of a new roof?
If you did tear the roof off, that would be a civil matter, right? What would happen to you? Of course, I'm not an attorney nor am I playing one on TV, just thinking of what could the reprecussions be?
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Some judges should seriously be fired. The case papers said in all caps not to postpone, and this judge did just that back in Dec?
The legal system pretty much supports deadbeats like this guy. Why pay bills? Why not squat and live for free? It's not like much is done about it, and when something is done, tons of time has passed. It's disgusting. I'm very sorry that you're dealing with this.
Maybe you could hire some random very large, scary guys to break into the place and be "surprised" to find him there, and then wonder why the guy's face keeps running into their fists. =P
In the case papers who put do not postpone if you did the judge do not have to follow what you say but follow the law.
unfortunately, judges don't always "follow the law" and I have specific cases in this matter in which the law was Not followed by the judge. I feel that I am close enough to a resolution here that using any other type of intervention would be a waste of money and time. I am hopeful that the final result coming soon will be n my favor for once in this case.
As for retribution, as satisfying as it would be for his face to hit my fist (including the dirtbag attorney), I am left with the satisfaction that both their lives are, and will be, miserable ones in relation to mine.
I saw in another thread that someone dealt with squatters by hiring cage fighters to move in as "additional squatters". As long as one group is squatting, what's wrong with more squatters moving in? It might be an option if there's no light at the end of the tunnel.
If all else fails in court, I will consider alternative options at that point. Scenes from the movie Casino may be involved.
Holy horse droppings batman,I just realized this thread is 11 pages long and 30 months old! Feb 28th will mark the 3rd year anniversary of my ownership and without ever setting foot inside my property! How despicable.
Originally posted by @Will Barnard:
Back on page 1 of this saga you wrote:
$15k? That sounds like a lot to me, this will only cost me the time and the attorney's fees (at most $5k).
Now do you wish you had offered $15k?
Originally posted by @Will Barnard:
Will,
You bought this property 2-days after my son was born ... I hope you have it resolved before he turns three.
Originally posted by @Roy N.:
Will,
You bought this property 2-days after my son was born ... I hope you have it resolved before he turns three.
My (now) oldest son was 2 months old when you started this thread.....and now I have a second son who's a a year and 2 months old now. Who would have thought kids were that much quicker than an eviction. Just another reason why I left Cali.
Gosh sorry to hear of your troubles. This is the kind of thing that keep me up awake at night.
@Roy N. No way for that to happen, I am still several months away from getting something. Kids grow like weeds, so the saying goes, this situation takes that metaphor to a whol
@Will Barnard I just finished reading this whole thread, holy cow!
What is sad is how I'm not all that surprised, a few years ago I had my bank accounts frozen because of a judgment against my dad's business. I didn't realize his name was still on the account since I had opened it when I was still a minor (at this point I am independent, living in another state, and making money from working my full time job), imagine my surprise to log into my online banking and see my balance at almost negative $1M ($1M judgement - the few $K I had saved up). It took months to resolve in court, and somehow the judge ruled I was only entitled to half of my money back! The rationale was that even though I proved that all of that money had been obtained as wages from my employer, and I was completely independent and removed from my dad's business, the opposing counsel used this against me: My mom worked at Target at the time. I had a Target debit card, made purchases on said card, returned something and was credited back money to my checking account from Target.. somehow my mom must have been funneling my dad's business money to me through Target! Ridiculous! I don't know what judge in their right mind could consider this a valid argument.
I just bought my first property in N. Cali, and am so far having a pretty good experience with the existing tenants.. We had looked at some occupied REOs and I am very glad we didn't move ahead with any of them. As you said this is an anomaly so I won't let it deter me from investing more in CA, but buyer beware.
I sincerely hope this doesn't drag out further and the next judge you deal with has some common sense.
What a terrible thing Nikki, I certainly hope pops repaid you for your losses! One other thing, the words judges and commen sense should never be used in the same sentence as far as family court is concerned!
It looks like im 7 months into following your unwanted journey. I feel for you and am wishing less drama for myself. My property management just told me that they made a motion for the tennants to pay rent for the time they live in the property. Im waiting on the results from that, but has that been done or tried at all in your case?
Oh yeah, my dad repaid me. It tought me a valuable lesson about limiting personal liability in business ventures, even when you think the risk is low, you never know what can happen.
Originally posted by @Timothy Riley:
Yes, that was done and so ordered by the court, but of course, they have failed to do so as expected. Enforcement for this has proven to be very difficult.
@Will Barnard Is your next court date for possession only, or are you also going after a money judgment and/or criminal charges against these bums?