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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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Dyna J.
  • Chicago, IL
31
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105
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Dyna J.
  • Chicago, IL
Replied
Originally posted by Dawn A.:
Will Barnard please tell us this is over now?

I have a feeling that it is not. Hopefully he'll update us and tell me that I'm wrong.

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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
10,941
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15,745
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by Dawn A.:
Will Barnard please tell us this is over now?
Not yet, but am getting very close to next court date in which I should win handily, then more time after that to get them out as I am sure that will be a fight too.
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2,873
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James Hiddle
  • Altus, OK
690
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2,873
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James Hiddle
  • Altus, OK
Replied

Man this is sort of like having a thorn stuck in your back with no way to pull it out lol :)

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

Will, another two months have passed. Have they vacated? Any good news?

Have you documented your troubles ... other than here on BP ... so that you can either write a book or have a reporter cover the story or share it with your state legislator (like that would do any good)?

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Shannon Grace
  • Wholesaler
  • Austin, TX
10
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27
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Shannon Grace
  • Wholesaler
  • Austin, TX
Replied

Will, I know this might not mean a ton, but *hugs* for putting up with this.

My Uncle (Mom's side, Dad's side has been in RE for generations now) got a fourplex with two professional tenants in it, it took him years to get straitened out as well. They were a large family that had a system- they could always get a new apartment because an uncle would sign up for it, because it'd been seven years since he played the game, and then the whole family would pay one months rent, move in, and not pay any rent for years. Then his wife would get an apartment, etc. Then grandma, then grandpa, then mom and dad, then one of the older kids, then back to uncle- they hadn't paid more than one months rent for a place to live in decades.

The previous owner was a newbie and rented two units to this family. Poor guy.

They actually managed to get a cash judgement against my uncle at one point for not making repairs, even though they refused to let the repair person into the unit to fix things.

It was crazy, and one reason why I personally don't invest in residential in California, even though my family is from there- I'll take the landlording laws in Texas or Georgia any day of the week!

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Shannon Grace
  • Wholesaler
  • Austin, TX
10
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27
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Shannon Grace
  • Wholesaler
  • Austin, TX
Replied

Also- I wish there was a law requiring you to tell this story right after any of those infomercials telling people they could do real estate investing in their sleep from a beach. :)

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Angie Marie Langston
  • Johnston, IA
0
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1
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Angie Marie Langston
  • Johnston, IA
Replied

My Fiance has a friend who works the houses after they have gone to foreclosure. This friend gets 5+ dollars every time that he takes a picture of the house and he lists it on the company website with other various details of the house.

This friend used to live with us, and created havoc in our house. This guy is still in my Fiances life but I refuse to be friends with him...My fiance has a truck and just recently, last night actually, this guy asked my Fiance to go to a foreclosed house that is in West Des Moines, IA. and take a bed and a nice couch from this house... b/c he just recently moved out, he does not have a couch...or a bed... (even tho we offered him a bed, he was just too immature to take it because he had deleted me from Facebook the prior week and I confronted him about it and he kept lieing about it and the bed was mine so he didn't take it) but BOTTOM LINE is that he wants to steal a couch and a bed from a foreclosed house.. IS THIS EVEN LEGAL??????????

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Will Barnard
Pro Member
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  • Santa Clarita, CA
10,941
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by Kevin Yeats:
Will, another two months have passed. Have they vacated? Any good news?

Have you documented your troubles ... other than here on BP ... so that you can either write a book or have a reporter cover the story or share it with your state legislator (like that would do any good)?

Nothing yet, the only good news is that this a-hole's time is running out. It is clear even to his own attorney that once we get into court for the hearing, he is up a creek without a paddle. I think court is later this month or next.
Looking forward to seeing this jerk thrown out on his tail!

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Joe Delia
  • Involved In Real Estate
  • Rochester Hills, MI
178
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Joe Delia
  • Involved In Real Estate
  • Rochester Hills, MI
Replied
Originally posted by Will Barnard:
Originally posted by Kevin Yeats:
Will, another two months have passed. Have they vacated? Any good news?

Have you documented your troubles ... other than here on BP ... so that you can either write a book or have a reporter cover the story or share it with your state legislator (like that would do any good)?

Nothing yet, the only good news is that this a-hole's time is running out. It is clear even to his own attorney that once we get into court for the hearing, he is up a creek without a paddle. I think court is later this month or next.
Looking forward to seeing this jerk thrown out on his tail!

I know guns are illegal in cali, so as a result i'd of likely just rounded up the meanest nastiest dogs I could and let them loose on the guy.

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Patrick G.
  • Abingdon, MD
60
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Patrick G.
  • Abingdon, MD
Replied

Just read the entire thread.

wow. just wow.

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Will Barnard
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Will Barnard
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ModeratorReplied
I would not ever do that to the poor dogs ! :)

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Jon K.
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Replied

It's been TWO YEARS and you still haven't been able to get the squatters out?

TWO YEARS?!?!?!?!?!

Remind me NEVER to even consider buying in California. EVER!!! Wow.

Maybe I'll go squat there for 2 years of free rent. Wow. Just wow. Seriously.

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Jon K.
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Replied

Could title insurance cover something like this?

I'm floored at 2 years and someone is still living there free, even though they can't prove they were ever married to the previous owner. Does communal property apply to people you date/live with, not just marry?

Oh, I'm SO glad I don't own in California.

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Will Barnard
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Will Barnard
Pro Member
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ModeratorReplied
Originally posted by Jon K.:

Could title insurance cover something like this?

I'm floored at 2 years and someone is still living there free, even though they can't prove they were ever married to the previous owner. Does communal property apply to people you date/live with, not just marry?

No, title insurance does not cover this. This is not a communal property issue but a putative spouse issue. Yes, it has been two years and I have never set foot inside my own house yet. In fact it is 2 years and 4 months at end of this month!

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Rhonda E.
  • Realtor
  • Celebration, FL
34
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109
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Rhonda E.
  • Realtor
  • Celebration, FL
Replied

Hi Will,

Have you seen the TV show The World's Worst Tenants on Spike TV? The show takes place in California. Maybe you can hire these guys to help you and get a spot on TV. Your story would definitely qualify to be on the show.

http://www.spike.com/shows/worlds-worst-tenants

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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
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Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied
Originally posted by Will Barnard:
... In fact it is 2 years and 4 months at end of this month!

There goes the "quick flip" ...

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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 Rhonda E.:
Hi Will,

Have you seen the TV show The World's Worst Tenants on Spike TV? The show takes place in California. Maybe you can hire these guys to help you and get a spot on TV. Your story would definitely qualify to be on the show.

http://www.spike.com/shows/worlds-worst-tenants

Good idea, I will check it out. Thanks.

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George Paiva
  • Investor
  • Milford, CT
283
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592
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George Paiva
  • Investor
  • Milford, CT
Replied

http://en.wikipedia.org/wiki/Putative_marriage

WOW WOW WOW, this is a scary read -

" putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners."

"a putative spouse is not legally married. Instead, a putative spouse believes himself or herself to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief."

Oh and its not just California -
"The concept has been codified in California, Colorado, Illinois, Louisiana, Minnesota and Montana. Case law provides for putative spouse rights in Nebraska, Washington state and Nevada, and Texas and Louisiana. Colorado and Montana are the only U.S. states to have both common law marriage and to formally recognize putative spouse status."

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16
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Jay West
  • Real Estate Investor
  • Richland, WA
0
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16
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Jay West
  • Real Estate Investor
  • Richland, WA
Replied

Unbelievable! Criminal act!

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

The sick thing is that both parties were married at the time of their elegeded marriage and since both were married before, they both have knowledge of the fact that a legal filing must be made, therefore, this idiot has no legal ground to stand on.
Unfortunately, his dirt bag attorney really knows how to milk the system and has yet again found a way to postpone the hearing this week, of course granted by the judge even though it was not legal. I hate our family court system!

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Dawn Anastasi
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  • Rental Property Investor
  • Milwaukee, WI
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Dawn Anastasi
Pro Member
  • Rental Property Investor
  • Milwaukee, WI
Replied

And so this person's attorney is doing this all for free?

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Will Barnard
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Will Barnard
Pro Member
  • Developer
  • Santa Clarita, CA
ModeratorReplied
Originally posted by Dawn A.:
And so this person's attorney is doing this all for free?
A great question, perhaps someone in this world can answer me that very same question I have had! Perhaps the attorney fees are cheaper than the rent costs! Freakin scam artist.
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Patrick L.
  • Real Estate Investor
  • Saint Petersburg, FL
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Patrick L.
  • Real Estate Investor
  • Saint Petersburg, FL
Replied
Originally posted by Will Barnard:
Originally posted by Dawn A.:
And so this person's attorney is doing this all for free?
A great question, perhaps someone in this world can answer me that very same question I have had! Perhaps the attorney fees are cheaper than the rent costs! Freakin scam artist.

I think that the attorney is just charging them less than the rent, a pretty common tactic. There are a few attorneys around here that advertise that they'll stall your eviction, I've heard they charge about half of what your monthly rent is. Same thing that a lot of foreclosure defense attorneys do, just take money for stalling your case and you get to live there without making a payment.

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Will Barnard
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Will Barnard
Pro Member
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ModeratorReplied

Well, you know what they say . . . What comes around goes around.

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Calvin Lamb
  • Orangevale, CA
1
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Calvin Lamb
  • Orangevale, CA
Replied

Wow. I am a N. CA resident with 1 deal under my belt here but stories like this are why I am considering another market for my next deal.

Good luck to you Will.