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Updated over 5 years ago, 04/16/2019

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Will Barnard
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  • 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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Adam Pierce
  • Real Estate Agent
  • Fountain Valley, CA
27
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Adam Pierce
  • Real Estate Agent
  • Fountain Valley, CA
Replied

@will Will, you have the most patience I've ever witnessed. 

As somebody who was planning on purchasing my first property in CA, I am now terrified to be a landlord. 

I'm so sorry that you had to go through all of this. I wouldn't have been able to handle it. I'm glad you have been so strong. 

Please keep us posted and hang in there.

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

@Will Barnard Any updates sir? Pics of them being forcibly removed by the police hopefully?

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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,940
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied

The court has been taking an extremely long and unnecessary amount of time to get me the conforming copies of the order so that I may deliver to the Sherriff for the lock out process. I am now being told Monday (tomorrow) for those docs and if that happens, they will be taken to the Sherriff the following day. Then I must wait for their timeline for the lock out process. 

That all said, I am extremely close to the finish line as far as getting possession.

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Charlotte Moore
  • Pasadena, CA
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Charlotte Moore
  • Pasadena, CA
Replied

@Will Barnard  Your story is incredible. I've heard of horror stories about occupants and tenants from hell, but nothing to this extent. I have so many questions about the legal strategies the guy used, and the play-by-play of what the judge’s rulings were. So I can't wait for your movie (or book). I'm in California, but this does not scare me off. It just gives me more insight into the industry.

I will tune in tomorrow to see what happened. I sure would like to show up at the scene on eviction day to see the bumbs thrown out by the Sherriff. Maybe you will post the address and the date.

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Greg Cooksey
  • Puyallup, WA
13
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Greg Cooksey
  • Puyallup, WA
Replied

Wow, that was quite the read as I'm late to the party.. but this is nothing short of incredible. I sure hope this reaches its final conclusion soon! You might want to organize a BP meet up at the property during the eviction so you can have some people there to cheer and clap on their way out. 

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Brent M.
  • Investor
  • Hayward, CA
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Brent M.
  • Investor
  • Hayward, CA
Replied

Cheers to Will.  I believe I'd have done something illegal, but justified, long ago.  I'm in awe.

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

Will you must update us on Sherriff Lock out date. I love California this time of year. I would almost consider being street side for this. Lunch On me. Who knows might even grab a broom. Eagerly awaiting an update!! 

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

Update: I finally received the unlawful detainer paperwork back from the court and delivered to the Sheriffs Deoartment last week. I was told to expect 2-3 weeks for the process. Expecting the worst based on the history of this case, I planned on it being 4 weeks. 

To my astonishment, I received word back from the Sheriffs department that the lock out date would be much sooner. They must have processed my docs right away and I guess the sun finally shines on me. For legal and other reasons, I can not share publically the exact date but will update you all upon completion and I do have a filming of the process already scheduled do I can capture on video in celebration of this long awaited and glorious occasion.

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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

Good news!

BTW:  The boy can now tie his own shoes and rides his bike w/o stabilizers ... so the five years has been productive here as well :-D

  • Roy N.
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    Frank Jiang
    • Investor
    • San Diego, CA
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    Frank Jiang
    • Investor
    • San Diego, CA
    Replied
    Originally posted by @Will Barnard:

    I do have a filming of the process already scheduled do I can capture on video in celebration of this long awaited and glorious occasion.

    Be sure to blur any facial or identifying information on your squatters if it's something you plan on sharing.  Last thing you want is a defamation suit.

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

    Glad to read that things are finally progressing. GoPro's would give some very interesting footage I am sure.

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    Will Barnard
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    Will Barnard
    Pro Member
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    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Roy N.:

    @Will Barnard

    Good news!

    BTW:  The boy can now tie his own shoes and rides his bike w/o stabilizers ... so the five years has been productive here as well :-D

     LOL

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

    Will, I hope you have a company with a similar product in your area, because I doubt that the guy will slink quietly into the night and will likely at least try to break in again after. vacant investment protection dot com

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    Roy N.
    Pro Member
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    Roy N.
    Pro Member
    • Rental Property Investor
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    ModeratorReplied
    Originally posted by @Michaela G.:

    Will, I hope you have a company with a similar product in your area, because I doubt that the guy will slink quietly into the night and will likely at least try to break in again after. vacant investment protection dot com

     Michaela:

    Or let someone you trust camp-out for a few weeks to deter returning problems.  We typically let one of they guys on the crew and his "buddy" stay in a vacant house before we start renos:

  • Roy N.
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    Rob Anderson
    • Real Estate Investor
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    Rob Anderson
    • Real Estate Investor
    • Champaign, IL
    Replied
    Originally posted by @Frank Jiang:
    Originally posted by @Will Barnard:

    I do have a filming of the process already scheduled do I can capture on video in celebration of this long awaited and glorious occasion.

    Be sure to blur any facial or identifying information on your squatters if it's something you plan on sharing.  Last thing you want is a defamation suit.

    If the film crew was from a local news channel would it still be cause for a defamation suit?

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    Will Barnard
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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Rob Anderson:
    Originally posted by @Frank Jiang:
    Originally posted by @Will Barnard:

    I do have a filming of the process already scheduled do I can capture on video in celebration of this long awaited and glorious occasion.

    Be sure to blur any facial or identifying information on your squatters if it's something you plan on sharing.  Last thing you want is a defamation suit.

    If the film crew was from a local news channel would it still be cause for a defamation suit?

    No, the press has more rights than us regular people so they are exempt from that, hence all the tabloids and tv shows about stars. Filming them would not be cause for defamation of character but could be grounds for filming them without their consent. I am not too worried about it as nobody knows the house location, their names, or any details about their identities but that said, can't be too careful I guess.

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    Chanté Owens
    • Insurance Agent
    • Arizona
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    Chanté Owens
    • Insurance Agent
    • Arizona
    Replied

    @Will Barnard *Clapping my hands* THANK GOODNESS! Sigh...definitely cause for celebration. Will, you have the patience of a saint. Looks like 2016 is your year - now, to your next incredible multi-million dollar flip.

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    Bryan O.
    • Specialist
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    Bryan O.
    • Specialist
    • Lakewood, CO
    Replied
    Originally posted by @Chanté Owens:

    @Will Barnard ...Looks like 2016 is your year - now, to your next incredible multi-million dollar flip.

    Just make sure that's not multi-million in holding costs!  ;)

    Glad to see it's almost done. I'm still waiting to see what they do next. They aren't out, so I'm sure there is something coming.

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

    It is official now. Enjoy the video as I enjoyed witnessing it!

    https://youtu.be/qJQoVTeQz2A

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    Jennifer L.
    • Investor
    • San Jose, CA
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    Jennifer L.
    • Investor
    • San Jose, CA
    Replied

    @Will Barnard Congrats!  

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

    Of course it does not end there . . . .

    I have been left with quite a mess as expected, but I did not expect this much!!

    https://youtu.be/UVOa9_5nJFM

    On top of that, these morons have moved their 3 of their junk vehicles (including a motor home) around the corner and are living in it so I must be reminded of them each day I pass by to get to the house! 

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    Jennifer L.
    • Investor
    • San Jose, CA
    183
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    Jennifer L.
    • Investor
    • San Jose, CA
    Replied

    I'm unable to view the videos. They are set to private. 

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    James DeRoest
    • Investor
    • Century, FL
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    James DeRoest
    • Investor
    • Century, FL
    Replied

    Kinda semi serious here ; are you sure they've gone? That is a lot of cra,...stuff that they've left behind.

    Check that all the windows are locked as well. Scum often leave one window unlocked in case they forget something.

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    Mary B.
    • Real Estate Investor
    • Lansdowne, PA
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    Mary B.
    • Real Estate Investor
    • Lansdowne, PA
    Replied
    Originally posted by @Jennifer L.:

    I'm unable to view the videos. They are set to private. 

    The first link was private but go to the next message he left a few min ago and you'll have access to view....

    Kudos,

    Mary

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    Mary B.
    • Real Estate Investor
    • Lansdowne, PA
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    Mary B.
    • Real Estate Investor
    • Lansdowne, PA
    Replied
    Originally posted by @James DeRoest:

    Kinda semi serious here ; are you sure they've gone? That is a lot of cra,...stuff that they've left behind.

    Check that all the windows are locked as well. Scum often leave one window unlocked in case they forget something.

    I was wonder the same thing: are they really gone for good? Especially since they're living in cars/trucks around the corner, I'd still be concerned that they'd try to re-enter. They could be waiting to see if / when Will gets the place fixed up (even if a tad) to break in... sorry but they aren't far enough away, imo. Out of sight - out of mind - so until they are totally out of sight they'd still be on my mind somewhat...

    Kudos,

    Mary