The Occupants from Hell!

[Will Barnard]

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. ***

[Karen Margrave]

Wow @Will Barnard that does suck. The rights of tenants in California is far stronger than the rights of owners, and there's no limit to the unscrupulous attorneys that will sue over things they know they will lose in the end, hoping you'll tire of the money going out and stop. It's just not right they can bleed you to death like that. Whatever happened to frivilous lawsuits stopping? 

It happened to us on the house in San Clemente, where a neighbor sued to gain title to the easement that goes with our property. They knew we had a legal easement, but their attorney didn't settle until he had taken all the money he could from them, to the point where the one guy was doing work on the attorney's house for free to pay his legal fees!  We did win though. Looking back, I wish we'd just given him the dang easement, because it really didn't add that much value to the house! 

Hang in there Will. 

[Jo-Ann Lapin]

Hang in there Will. With all of this I still  love CA. On the phone this am with a dear friend sharing a similar experience with her renter in Vancouver BC. It actually sounded horrific.

[Kathy Stewart]

Hopefully this all works out for you. I live in Ca. however invest in Texas, a more landlord-friendly state.

[Albert Ng]

This would be a good read for Halloween time. It's scary how unjust our justice system is.

[Shari Posey]

WOW! 

I Googled, "Buying a foreclosed house with owner occupants" and I got this thread.

HOLY CRAP!

Now I know that I am NOT going to buy a house with occupants who have not been making payments on the house for the past 3 years. Thank you for setting me straight before I possibly made a big mistake.

This is more suspenseful than "Pacific Heights" with Micheal Keaton. This should be a movie! 

[Roy N.]

Originally posted by @Shari Posey:

WOW! 

...

This is more suspenseful than "Pacific Heights" with Micheal Keaton. This should be a movie! 

At this point, that may be Will's best strategy for a profitable deal. 

[Will Barnard]

So the moron did not complete the necessary filings in BK court and I am now at the mercy of the court clerk to remove it so I may proceed with court this Friday. That leaves the clerk today and tomorrow, otherwise, just another delay and cost for me. Go figure.

Lets hope it gets done and I get my day in court Friday. I cant wait to hammer these people.

[Meghan Reed]

I wish I could be in the courthouse with popcorn assuming that day ever comes.  Get them Will!

[Michaela G.]

We will all wait with baited breath for your update on Friday

[Cheryl H.]

I am beginning to think the only way for you to profit from this investment is to charge all of us a fee to read the final outcome.  LOL

[Joe Camarillo]

Wow!

[Ezra Nugroho]

What can we do as BP nation and Will's supporters and, for some, Californians to contribute to resolve this particular problem and the wider systemic state legislative issues? Shall we all write to Kamala Harris? Anyone knows some journalists who may cover the story?

[Brian Lacey]

@Will Barnard you are my hero. 

Good freaking grief, you are a champ!

[Steve Babiak]

Originally posted by @Will Barnard:

So the moron did not complete the necessary filings in BK court and I am now at the mercy of the court clerk to remove it so I may proceed with court this Friday. That leaves the clerk today and tomorrow, otherwise, just another delay and cost for me. Go figure.

Lets hope it gets done and I get my day in court Friday. I cant wait to hammer these people.

Will,

@Paul Choate has a bankruptcy practice; maybe he can shed some light as to whether the "automatic stay" still has effect despite the paper filings not being completed. In mortgage foreclosure a in my area, I frequently see the sheriff sale date get extended for bankruptcy filings to be completed ...

[Ryan Dossey]

I agree with some of the other posters you should look for any TV shows that would like to air your story. Could be a great cautionary tale for "HGTV" hopefuls!

[Andrew Meyer]

Speechless... Read the whole tread and just can't believe this.... No words to describe these thieves.

Who has been doing maintenance? How do they have running water and AC if the house is in such bad shape...

I hope you and and especially your "tenants" get what is coming!!!

[Michaela G.]

What happened yesterday?

[Will Barnard]

Sorry guys, again I have nothing good to report. The BK was enough to cause the wheels in motion to get another delay. So I did not have court Friday, waiting for new court date from my attorney as I did not have to be present for that formality yesterday. The saga continues. . . . 

[Account Closed]

You did steal the property but too bad, you are now paying more due to your situation with.......... tenants ...... You mentioned they were squatters ..... But not any more since you have file notices. 

Take your $6,000 and have a lawyer (one referred by your local apartment house association or other organization in this business. Only select an lawyer who had expert knowledge with this type of case)

Next do an investigation of the background of your remaining tenant, are there criminal or drugs in his past? Maybe he is still active. If so your eviction based on current activities (that you can prove) should be easy. Have a PI help you. Use your information leverage to encourage him to leave. 

Note. Bankruptcy filed by a tenant can stop an eviction. Crazy but true. I hope my tenants are not reading this. 

Charles Parrish

[Albert Ng]

God damn, how many bankruptcy can they file? It seems like they keep delaying it using the bankruptcy reason.

[Greg H.]

Originally posted by @Account Closed:

You did steal the property but too bad, you are now paying more due to your situation with.......... tenants ...... You mentioned they were squatters ..... But not any more since you have file notices. 

Take your $6,000 and have a lawyer (one referred by your local apartment house association or other organization in this business. Only select an lawyer who had expert knowledge with this type of case)

Next do an investigation of the background of your remaining tenant, are there criminal or drugs in his past? Maybe he is still active. If so your eviction based on current activities (that you can prove) should be easy. Have a PI help you. Use your information leverage to encourage him to leave. 

Note. Bankruptcy filed by a tenant can stop an eviction. Crazy but true. I hope my tenants are not reading this. 

Charles Parrish

This is an experienced investor with a saga that has been ongoing for more than 4 years in the California courts.  You might want to have the courtesy to actually read the thread before offering a 100 word solution

[Ingrid J.]

@Will Barnard Wow, those tenants sound terrible.

Thank you for sharing. I'm sure you've dealt with similar situations before, but it's still challanging. Stick to your plan and you'll pull through. 

[Michaela G.]

@Account Closed , why would you make yourself seem like a long-time investor on your profile and then make a condescending post like this, that shows that you have not read the thread, know nothing about Will Bernard and make yourself look like nothing but a stupid troll that has no idea about anything?

[Stephen S.]

Perhaps, but perhaps not.  In either case your reply seems somewhat ungracious at best.

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


 Originally posted by @Michaela G.:

@Account Closed , why would you make yourself seem like a long-time investor on your profile and then make a condescending post like this, that shows that you have not read the thread, know nothing about Will Bernard and make yourself look like nothing but a stupid troll that has no idea about anything?

[Account Closed]

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

Charles Parrish