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Updated over 5 years ago, 04/16/2019

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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,941
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15,745
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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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Darrin Carey
Pro Member
  • Lender
  • Dayton, OH
703
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1,316
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Darrin Carey
Pro Member
  • Lender
  • Dayton, OH
Replied

Massive Congrats. Finally got them to do what should have been done 5 years ago.

  • Darrin Carey
  • User Stats

    200
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    69
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    Chris Field
    • Investor
    • Milford, CT
    69
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    200
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    Chris Field
    • Investor
    • Milford, CT
    Replied

    While I'm very glad you got them out, I have one thing I want to say about the gofundme page.

    When you buy a house with squatters in a state like CA or CT or NY you know very well it might be a bit of a battle to get them out. But you accept that and factor it into the purchase...

    Yet your still asking for "donations", which I find to be in rather poor taste. 

    Well its your deal, your money, and are you going to donate profits back to those that give?

    I lost $60k+ on a land deal last year maybe I should ask for donations?

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    User Stats

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    Dawn Anastasi
    Pro Member
    • Rental Property Investor
    • Milwaukee, WI
    4,342
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    Dawn Anastasi
    Pro Member
    • Rental Property Investor
    • Milwaukee, WI
    Replied
    Originally posted by @Chris Field:

    While I'm very glad you got them out, I have one thing I want to say about the gofundme page.

    When you buy a house with squatters in a state like CA or CT or NY you know very well it might be a bit of a battle to get them out. But you accept that and factor it into the purchase...

    Yet your still asking for "donations", which I find to be in rather poor taste. 

    Well its your deal, your money, and are you going to donate profits back to those that give?

    I lost $60k+ on a land deal last year maybe I should ask for donations?

     Chris, Will didn't setup the GoFundMe page, someone else did that on his behalf.  If you read through the posts, you would have seen that instead of jumping to conclusions.

    User Stats

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    Chris Field
    • Investor
    • Milford, CT
    69
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    Chris Field
    • Investor
    • Milford, CT
    Replied

    It doesn't change anything, unless of course I missed the post where he said thanks but no thanks and is donating all of the money received to a charity.

    User Stats

    40
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    Milagros S.
    • Kissimmee, FL
    6
    Votes |
    40
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    Milagros S.
    • Kissimmee, FL
    Replied

    Awesome News  Congratulations @Will Banard I've been following your story since I've joined BP a few weeks ago.

    User Stats

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    103
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    Ezra Nugroho
    • Investor
    • Milpitas, CA
    103
    Votes |
    116
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    Ezra Nugroho
    • Investor
    • Milpitas, CA
    Replied
    Originally posted by @Chris Field:

    It doesn't change anything, unless of course I missed the post where he said thanks but no thanks and is donating all of the money received to a charity.

     I was glad that there was an avenue to contribute, and he really didn't ask. As someone said, many of us are emotionally attached with this issue. I live in California, and I genuinely believe that our legal systems here, esp. wrt tenant-landlord matters, are very broken. I have evicted people in Pennsylvania, and it is a very different matter there. 

    If you look at the amount that has been raised on his behalf, it really is not much at all. To me it's more of a solidarity gesture, a pat on the back, encouragement for him to keep going.  

    User Stats

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    Milagros S.
    • Kissimmee, FL
    6
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    Milagros S.
    • Kissimmee, FL
    Replied

    Will you need to write a book about this experience. I believe it will help a lot of people.

    User Stats

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    49
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    Christopher Morin
    • Flipper/Rehabber
    • San Francisco
    49
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    124
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    Christopher Morin
    • Flipper/Rehabber
    • San Francisco
    Replied

    Wow.  I came across this post today, read it start to finish, and it was seriously a drama that got me emotionally involved!  Cheering you on before court cases, feeling your intense, frustration, and right at the end, you are delivered good news that made me celebrate inside.  Write a book on this, go on tour, and I'm sure it'll do well enough to recover your court costs!

    Congratulations and good luck finishing this one out. 

    Also, I'm interested to hear if you still have legal action against the seller for false statement, as you mention a way long time ago.

    User Stats

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    Kevin Yeats
    • Lender
    • Fort Pierce, FL
    486
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    Kevin Yeats
    • Lender
    • Fort Pierce, FL
    Replied

    Balance has been restored.

    Be sure to post the juicy video of the Sheriff removing these squatters.

    User Stats

    195
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    Lois S.
    • Investor
    • Brentwood, CA
    52
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    195
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    Lois S.
    • Investor
    • Brentwood, CA
    Replied

    I hope you can commemorate the Sheriff's service & the removal of the tenant with pics or video!

    Best of luck going forward with this property.

    User Stats

    11
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    1
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    Brian Stark
    • Surprise, AZ
    1
    Votes |
    11
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    Brian Stark
    • Surprise, AZ
    Replied

    I just found and read this whole epic today.  All I can say is wow.  I know several pages back you were asked what you would have done differently had you had the foresight and it was answered that with out a crystal ball there is nothing that could have been done differently.

    I was wondering what might have been able to be done differently had you been looking for a rental not a flip.  Would the process looked that same?  Still had to do the eviction for the squatters and the BK and the false marriage rig-a-marole?  Would you have had another avenue?  Looking at the question now that I've typed it out I would hazard a guess that it would have been the same and the same delay.  

    User Stats

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    Rivy S.
    • Silver Spring MD
    116
    Votes |
    198
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    Rivy S.
    • Silver Spring MD
    Replied

    Wow, this is awesome news! I second the motion about posting the video of the sheriff removing these people.  There's no chance they can appeal this, is there?

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    User Stats

    94
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    40
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    Brandon Cravens
    • Investor
    • Houston, TX
    40
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    94
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    Brandon Cravens
    • Investor
    • Houston, TX
    Replied

    Any updates? Are they out? Pics and video of them being forced out?

    User Stats

    35
    Posts
    30
    Votes
    Dale Hensley
    • Real Estate Investor
    • Fishers, IN
    30
    Votes |
    35
    Posts
    Dale Hensley
    • Real Estate Investor
    • Fishers, IN
    Replied
    Originally posted by @Chris Field:

    While I'm very glad you got them out, I have one thing I want to say about the gofundme page.

    When you buy a house with squatters in a state like CA or CT or NY you know very well it might be a bit of a battle to get them out. But you accept that and factor it into the purchase...

    Yet your still asking for "donations", which I find to be in rather poor taste. 

    Well its your deal, your money, and are you going to donate profits back to those that give?

    I lost $60k+ on a land deal last year maybe I should ask for donations?

    User Stats

    35
    Posts
    30
    Votes
    Dale Hensley
    • Real Estate Investor
    • Fishers, IN
    30
    Votes |
    35
    Posts
    Dale Hensley
    • Real Estate Investor
    • Fishers, IN
    Replied

    Apparently you never took the time to read the thread. Will did not buy a property with squatters. He bought the home from the homeowner believing he would take possession at closing. One of the occupants then refused to leave and filed false court documents claiming partial ownership of the home. It is always better to have knowledge before speaking your opinion on something. 

    User Stats

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    Christina R.
    • Investor
    • DMV Maryland
    370
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    867
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    Christina R.
    • Investor
    • DMV Maryland
    Replied

    Will..... you would have never thought in a million years this saga would occur, when you were the 2nd or 3rd post to Josh's parallel-themed thread...

    https://www.biggerpockets.com/forums/52/topics/63685-the-professional-tenant-from-hell-beware-all-landlords-

    User Stats

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    Mike McKinzie
    • Investor
    • Westminster, CO
    1,197
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    1,234
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    Mike McKinzie
    • Investor
    • Westminster, CO
    Replied

    Will, great to finally hear good news.  While not anything like this, when I was a broker, I did have one escrow last 7 years, where the buyer and seller stayed with it.  My longest eviction was 9 months, nothing like yours.  Great job!

    User Stats

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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Bob E.:
    Originally posted by @Bob E.:

    The Link Should now be working:

    Donate Here

    I am happy to report that Will has his first donation!

    Bob

     Just a reminder in case anyone missed it but the link to contribute to help cover Wills' expenses is above.

     Just an FYI, any funds contributed to the cause will be used to bring attention to this situation and hopefully get some laws changed, we all are in need of that!

    User Stats

    281
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    110
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    Joshua Springer
    • Residential Real Estate Agent
    • Columbus, OH
    110
    Votes |
    281
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    Joshua Springer
    • Residential Real Estate Agent
    • Columbus, OH
    Replied

    Of course you'll have to provide before and after photos.  If these squatters are anything of substance they'll put some holes in your walls to help get you started ;)

    User Stats

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    Christina R.
    • Investor
    • DMV Maryland
    370
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    Christina R.
    • Investor
    • DMV Maryland
    Replied

    When is this eviction going to actually physically take place (maybe I missed the date?)

    tipping off the local news media to the impending event could help memorialize things...

    User Stats

    16
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    3
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    Mark Thompson
    • Dana Point, CA
    3
    Votes |
    16
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    Mark Thompson
    • Dana Point, CA
    Replied

    @Will Barnard You should contact the author of this article:

     http://www.latimes.com/business/la-fi-lazarus-20160301-column.html

    and ask him if he would like to do some sort of follow up story on your journey through the court system. It was an interesting read that reminded me of your situation.

    User Stats

    252
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    56
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    Jim M.
    • Real Estate Investor
    • Charlotte, NC
    56
    Votes |
    252
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    Jim M.
    • Real Estate Investor
    • Charlotte, NC
    Replied

    wow, can't wait to see the rehab! Congrats!  

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    Rob Anderson
    • Real Estate Investor
    • Champaign, IL
    55
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    114
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    Rob Anderson
    • Real Estate Investor
    • Champaign, IL
    Replied

    @Will Barnard Please update? When is sheriff eviction? What steps are we taking to make sure this guy stays homeless? Consider posting in the paper warning others of him. Lord help the landlord that gets this cockroach when he leaves your house.  

    User Stats

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    40
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    Brandon Cravens
    • Investor
    • Houston, TX
    40
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    Brandon Cravens
    • Investor
    • Houston, TX
    Replied

    @Will Barnard Updates please!

    User Stats

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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    10,941
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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied

    I am simply waiting on the conforming copies of the order from the court so I may take to the Sherrif's for the eviction/lockout. I am told I will have them early next week.