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Updated over 5 years ago, 04/16/2019

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Will Barnard
Pro Member
  • 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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Kevin Yeats
  • Lender
  • Fort Pierce, FL
486
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825
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Kevin Yeats
  • Lender
  • Fort Pierce, FL
Replied
Originally posted by @Will Barnard:

 I am currently divorcing the love of my life - Eva Mendez as well as Jennifer Lopez, Scarlett Johansson, & Jessica Alba. Those homes are mine! However, if one or all wish to remain intimate with me, I will not argue the point.

Be careful Will.  Divorcing any one of those women is clear evidence of a Baker Act violation.

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

That is very true Kevin, I was only seeing the dollar signs, my mistake. I'm really not that crazy.

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110
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47
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Rick Bradd
  • Real Estate Lender
  • Pt Hueneme, CA
47
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110
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Rick Bradd
  • Real Estate Lender
  • Pt Hueneme, CA
Replied

Its to bad you can not counter sue for lost rents, and other holding costs like the property taxes and insurance premiums. I would bet the guy has no assets anyway and the cost would not be worth it, but it might make you feel a little better. At this point though I am sure you really just want this to end, can not blame you for that.

I guess this just means your a decent guy, not everyone would have the patience you have shown. I do not even have a dog in this fight and I want to kick his Lawyers ............

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43
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6
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Don Lawlis
  • Investor
  • Whiteland, IN
6
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43
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Don Lawlis
  • Investor
  • Whiteland, IN
Replied

Hey @Will Barnard  (showing my newbieness) What is an MSC?

Thanks and maybe...the end is near!!! Prayers for you!

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Rob K.
  • Investor
  • Southeast, MI
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Rob K.
  • Investor
  • Southeast, MI
Replied

I'm curious if there's anything you can do to prevent this dirtbag from stripping the house and selling anything of value when he sees that the end is near? 

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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 @Don Lawlis:

Hey @Will Barnard  (showing my newbieness) What is an MSC?

Thanks and maybe...the end is near!!! Prayers for you!

 The only reason I'm not a newb on this subject is because I have spent two decades in family court, 4 years on this deal alone. MSC strands for mandatory settlement conference.

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Wayne V.
  • Investor
  • New York City, NY
67
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122
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Wayne V.
  • Investor
  • New York City, NY
Replied

Hi Will,

This may be lame but is there a way to have the utilities turned off to the dwelling, maybe citing some sort of potentially "dangerous" condition that threatens others, say reporting the smell of gas from outside the house? Could you get your insurer to force an inspection, or the city to revoke the Certificate of Occupancy? I'm not sure any of these would work. As a last ditch to get out of tenant hell, how about just selling the place, maybe to a big bad *** actor playing a not so nice, scary guy. You could buy it back after the deadbeats are gone paying a predetermined extermination fee.  I'm sure you've thought of these things and maybe even tried them.

As others have said, Best of luck getting this resolved.

Wayne V.

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Dana Whicker
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  • Investor
  • Fernandina Beach, FL
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Dana Whicker
Pro Member
  • Investor
  • Fernandina Beach, FL
Replied

Will, You are a Saint for having not committed any violent crimes over this situation.  Or well, you might just be more civilized than me.

  • Dana Whicker
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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
    Originally posted by @Rob K.:

    I'm curious if there's anything you can do to prevent this dirtbag from stripping the house and selling anything of value when he sees that the end is near? 

     Strip away, this fool lives worse than pigs, I will have to strip out any remaining drywall, strip everything down to the studs, pout 1000 gallons of bleach on the cement foundation, and likely much more just to clean it up. If I do get this back, I will be rebuilding half the home. So I say again, strip all he wants, there is nothing there of value other than the dirt, the foundation, and the framing.

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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
    Originally posted by @Dana Whicker:

    Will, You are a Saint for having not committed any violent crimes over this situation.  Or well, you might just be more civilized than me.

     Fugettaboutit!!! Perhaps more discreet.

    User Stats

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    Sarah Rune
    • Real Estate Investor
    • Ventura, CA
    2
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    20
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    Sarah Rune
    • Real Estate Investor
    • Ventura, CA
    Replied

    Wow. Just wow. Read this whole thread and I'm flabbergasted this is still ongoing. Adding my supportive vibes to you @Will Barnard !!

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

    @Will Barnard 

    We just returned from visiting Grandma for my son's fourth birthday.  He had an ice cream cake and received many things dinosaur for his anniversary.   How was yours?

  • Roy N.
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    User Stats

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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

    My fourth year anniversary of owning this home was just as bad if not worse than all the other anniversary years, for. Y birthday, that is not until Friday so I plan to partake in plenty of adult beverages with friends and family to ease the pain suffered on this deal. Happy trails!

    On a more positive note, I am happy that the new judge in the new court is no nonsense and I am confident that the light at the end of the tunnel actually exists. Trial date set at May 11.

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    NA Jones
    • Flipper
    • Port Deposit, MD
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    NA Jones
    • Flipper
    • Port Deposit, MD
    Replied

    May 11 seems soooo far away but considering how long you have been enduring this madness, it'll come in no time.  Here's to finally ending the "Squatting in Will's House" chapter of this asshats life!

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    Judy Parker
    • Rental Property Investor
    • Closter, NJ
    719
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    Judy Parker
    • Rental Property Investor
    • Closter, NJ
    Replied

    All the legal expenses that they are running up and they still refuse to put an end to this. Foolish people, and unfortunately Will has to waste money in legal fees because of these losers.

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    Eric Wood
    • Baytown, TX
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    Eric Wood
    • Baytown, TX
    Replied

    So I've gotta ask, what ever happened with this?

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    PJ Morgan
    • Shiloh, GA
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    PJ Morgan
    • Shiloh, GA
    Replied

    he's waiting until may 11th with the new judge

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    Matt Devincenzo
    • Investor
    • Clairemont, CA
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    Matt Devincenzo
    • Investor
    • Clairemont, CA
    Replied

    @Eric Wood it's still on going, he just got a new judge to the case last month.

    User Stats

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    Eric Wood
    • Baytown, TX
    1
    Votes |
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    Eric Wood
    • Baytown, TX
    Replied

    My mistake, I thought that was from 2014, best of luck!

    User Stats

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    Daniel Mohnkern
    • Investor
    • Titusville, PA
    150
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    Daniel Mohnkern
    • Investor
    • Titusville, PA
    Replied

    Here's an idea: Keep an eye on the house and, when they both leave for whatever reason, you move in with changed locks and a gun. If any trespassers try breaking into that home you live in, protect yourself.

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    NA Jones
    • Flipper
    • Port Deposit, MD
    171
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    NA Jones
    • Flipper
    • Port Deposit, MD
    Replied

    I love how obvious it is when someone comes in with advice without reading the previous 23 pages ;)

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

    @NA Jones . I was thinking the same thing earlier ;-)

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    User Stats

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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

     This post and @Will Barnard's terrible situation is the epitome of what Phillip K Howard discusses in his book The Death Of Common Sense.

    User Stats

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    27
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    Mike Campbell
    Pro Member
    • Investor
    • Champaign, IL
    27
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    Mike Campbell
    Pro Member
    • Investor
    • Champaign, IL
    Replied

    Will;

    Every tenant I have Evicted  we get a no trespass handed to them by the sheriff when they show up to evict. 

    If she shows up she gets arrested

  • Mike Campbell
  • User Stats

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    Alex Khojainov
    • Investor
    • Baltimore, MD
    14
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    25
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    Alex Khojainov
    • Investor
    • Baltimore, MD
    Replied

    Will, thanks for sharing your experience with us.  I'm looking at a house in Baltimore City that's in an up and coming area....but it's split into a rooming house with 2 tenants late at least 1 month in rent and a third tenant that told the out of state owner that he already moved out......your story made me re-evaluate my legal budget.