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Updated over 5 years ago, 04/16/2019

User Stats

15,745
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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. ***

User Stats

15,745
Posts
10,941
Votes
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,941
Votes |
15,745
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied

So no court today. A judge from the courthouse where my case s being heard was struck and killed by a car and the funeral is today. My judge is attending and thus, judge rescheduled for next Thursday. This is just one of about a hundred delays though this one was not caused by the occupants. None the less, the occupants have been fortunate on a number of occasions where delays have occurred to their benefit without them having to use any number of their own delay tactics.

The idiot opposing attorney tried getting the judge to move it into March and the judge said no way, nice try. So on to next Thursday it is.

User Stats

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3,064
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Michaela G.
  • Investor
  • Atlanta, GA
3,064
Votes |
3,280
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Michaela G.
  • Investor
  • Atlanta, GA
Replied
Originally posted by @Will Barnard:

The idiot opposing attorney tried getting the judge to move it into March and the judge said no way, nice try. So on to next Thursday it is.

 So, that seems to me that the judge is on to them, which is a good sign

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User Stats

82
Posts
27
Votes
Rob Krach
  • Lender
  • Chicago, IL
27
Votes |
82
Posts
Rob Krach
  • Lender
  • Chicago, IL
Replied

Good Luck today @Will Barnard!

User Stats

116
Posts
103
Votes
Ezra Nugroho
  • Investor
  • Milpitas, CA
103
Votes |
116
Posts
Ezra Nugroho
  • Investor
  • Milpitas, CA
Replied

Waiting for some good news.

User Stats

15,745
Posts
10,941
Votes
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,941
Votes |
15,745
Posts
Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied

I bet many of you are on pins and needles waiting for good news, so was I and I did not think it existed anymore. 

I was proven wrong today, unlawful detainer awarded to plaintiff, Barnard Enterprises, Inc along with a financial judgement that I will likely not see much if any of since a vast majority will be wiped out in the BK cases. That said, it is not the financial award I was after, it was possession and today, just 3 days short of 5 years (that's right FIVE YEARS) I was victorious.

Documents will be filed with the clerk tomorrow, I then wait 10 days, then another few days for mailing (unless I get lucky and get to pick it up) and with that, I can contact the Sherriff to remove them. That could be a few days or a few weeks depending on how quickly the Sherriff department moves on my case.

For the first time in 5 years, I walked out of court with a smile on my face, but I was not very exuberant as I was in a bit of a state of shock.

More to follow . . . .

User Stats

116
Posts
103
Votes
Ezra Nugroho
  • Investor
  • Milpitas, CA
103
Votes |
116
Posts
Ezra Nugroho
  • Investor
  • Milpitas, CA
Replied

Congrats. :)

User Stats

828
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Jennifer Lee
  • Real Estate Broker
  • Gibsonia, PA
260
Votes |
828
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Jennifer Lee
  • Real Estate Broker
  • Gibsonia, PA
Replied

Woohoo congrats

User Stats

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

Congratulations!

User Stats

22
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16
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Russell M.
  • Rental Property Investor
  • San Diego, CA
16
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22
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Russell M.
  • Rental Property Investor
  • San Diego, CA
Replied

Glad to hear there is an end in sight!

User Stats

803
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689
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Jake Thomas
  • Residential Real Estate Agent
  • Grand Rapids, MI
689
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803
Posts
Jake Thomas
  • Residential Real Estate Agent
  • Grand Rapids, MI
Replied

Finally some good news! Congrats. 

User Stats

1
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1
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Marcia O'Connor
  • Freedom, ME
1
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1
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Marcia O'Connor
  • Freedom, ME
Replied

woohoo!! Congrats! 

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287
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164
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Marc Ramsay
Pro Member
  • Investor
  • Ojochal, Costa Rica
164
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287
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Marc Ramsay
Pro Member
  • Investor
  • Ojochal, Costa Rica
Replied

Make sure you get some video you can post of the Sheriffs removing them! And of a walk-through of the unit...

  • Marc Ramsay
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    User Stats

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    Jonathan M.
    • Investor
    • Los Angeles, CA
    16
    Votes |
    71
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    Jonathan M.
    • Investor
    • Los Angeles, CA
    Replied

    I've been following this thread since I signed up. I'm happy you received good news finally.

    User Stats

    365
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    75
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    Charles Morgan
    • Investor
    • El Paso/Socorro, TX
    75
    Votes |
    365
    Posts
    Charles Morgan
    • Investor
    • El Paso/Socorro, TX
    Replied

    I would like to add my congratulations. I have actually read every post of this sad story. If I didn't already have 4 foreclosures, I may have been scared away from buying any! I would like to see a video of the removal day also.

    User Stats

    16
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    2
    Votes
    Matthew Badheartbull
    • Investor
    • Lakefield, MN
    2
    Votes |
    16
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    Matthew Badheartbull
    • Investor
    • Lakefield, MN
    Replied

    sweet

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    Jon Huber
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    Jon Huber
    Pro Member
    • Rental Property Investor
    • Boca Raton, FL
    Replied

    @Will Barnard... Wow. I, like many of the other readers, have been emotionally invested in the story for years. I am glad to hear that you were finally victorious. I can't wait to see pictures!!! 

  • Jon Huber
  • User Stats

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    Colleen F.
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    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    Replied

    Awesome news!    Finally the  gears in the legal system are turning forward and not spinning in place!!  You deserve a  perseverance award!

    User Stats

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    Manuel Gonzalez
    • Lake Jackson, TX
    34
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    119
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    Manuel Gonzalez
    • Lake Jackson, TX
    Replied

    I would  have done it gangsta  style........

    User Stats

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    594
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    Kimberly H.
    • Residential Real Estate Broker
    • Chicago Suburbs, IL
    594
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    Kimberly H.
    • Residential Real Estate Broker
    • Chicago Suburbs, IL
    Replied

    So happy for you!!!! Keep us posted!!

    User Stats

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    Michaela G.
    • Investor
    • Atlanta, GA
    3,064
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    Michaela G.
    • Investor
    • Atlanta, GA
    Replied

    Awesome!

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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

    Very good news!   My son turns five tomorrow and, remembering your anniversary is only a couple of days later, I was stopping in to see if you would be celebrating this year ... and it looks like you'll be having cake as well.

  • Roy N.
  • User Stats

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    Deborah Burian
    Pro Member
    • Rental Property Investor
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    Deborah Burian
    Pro Member
    • Rental Property Investor
    • Oklahoma City, OK
    Replied

    @Will Barnard, my heartfelt congratulations. It's been a long journey.

    Deborah

  • Deborah Burian
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    User Stats

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

    Congratulations, Will!!  After the shocks wears off and they are finally GONE... I'd  love to read the play by play of what happened in court today.   I really think you could write a book about this saga.

    User Stats

    78
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    14
    Votes
    Tara G.
    • Investor
    • Cary, NC
    14
    Votes |
    78
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    Tara G.
    • Investor
    • Cary, NC
    Replied

    5 years! You persevered Will, I am sure I would have fallen apart! Enjoy your victory, you deserve it. Funded your GFM account, have a go with the sledgehammer for me!

    User Stats

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    Bob E.
    • Queen Creek, AZ
    1,109
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    Bob E.
    • Queen Creek, AZ
    Replied
    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.