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Updated over 5 years ago, 04/16/2019
The Occupants from Hell!
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. ***
Originally posted by Calvin Lamb:
Good luck to you Will.
There is just no simple or viable way to avoid getting hit by a meteorite!
my last tenant ripped out all of the wiring from the attic, during the 60 days it took to get her out, I can't prove it, but I noticed you may have not served your tenant like I did, the company I hired served her, and any unknown occupant that resides with her at the same time, it was on her lease that no unknown occupants were allowed to stay, I find the nicer you are to some renters, the more spiteful they behave, and I know now how disgusted -----you begin to feel. But don't give up and follow suit if they do any damages, even if you don't get awarded, you can prove with pictures--- the fact of vandalization to your home. Shame on them, karma will be their result......we all reap what we sow... Just follow the law and don't get yourself in trouble. I wound up giving the keys to the police to check the wiring and all the places where she may have sold the copper. The police wound up arressting at least 3 people for trying to break in while it was empty......So sow good smart moves especially right now....they want to aggravate you so much that you will lose it.....and just Don't stoop to their level, that's how they win. Just follow the law, and learn, and know that at least you are nothing like them. Make it hard to rent for them again, by placing them in any bad tenant registry or a small claims court judgement for the damages. Good luck........but don't let them win by getting under your skin........anyone who would destroy another person's property is nothing but a loser anyway, but you don't want them to say you gave them aggravation while they were living there....I had 3 bad tenants in a row here in Florida, I never believed the other landlords who said I was too nice and had sucker written on my forehead, but now I know why most tenants I interviewed said there were nothing but slumlords out there.........not true....what was true was what the realtors all told me, that I was too nice and believed ever sorry *** story they gave me.....My home was so gorgeous, If I showed you the before and after pictures......OMG.....don't think I'll ever want to be a landlord again....flip homes yes, but I'm burnt out...and this never happened in NY, so I feel for you......But God sees everything.....so just do what you can within the law ....they'll get theirs eventually
I'd say you're determined to see it to thru to the end in the court system. I can respect that.
I'm interested about whether you'll be seeking revenge (the legal type). Earlier someone posted about reporting him to the IRS and the disability people. After you win in court, those sound viable.
One other thought, perhaps you could get him arrested for something else. Or perhaps he could 'win' a trip. But if you got him out of the property for few days, you could change the locks, tow his car, haul away his property, install a new aggressive temporary tenant, etc. Check with your attorney, but seems even in the CA legal system your claim to the place is at least as valid as his. And with the situation reversed, his attorney would need more money for the more complicated situation...money which we believe your occupant does not have.
I'm not an attorney, obviously, but just sayin.....
Will Barnard just a few thoughts off the top of my head. Be sure to run them past your attorney before you try any of them. One if the guy claimed to be married, you need to try to check his disability to see if he listed it in applying for it, any false statement might void it. Next, the judge might allow an independant property inspection company to do an inspection on the house to protect your interest, that way if it is damaged you have evidence and can notify law enforcement in case of actual vandalism. also allways counterclaim for money even if you cannot collect. You can allways forgive the debt, file a legal 1099 and send a copy to the agency he gets disability from, it may make him ineligible. Depending on his disability you can hire an investigator to follow him to get evidence its not real. If you get a judgement but choose not to forgive it, do the work to report it to credit companies so it dogs his record. Do depositions or interrogatories to find out his sources of income, and bank accounts to collect from, however disability usually cannot be garnished unless it is coomingled with nonexempt money. Finally listen to your attorney, he is an expert on this. This is not an eviction it is a contested case to see who is the legal owner. A court might grant you possession if you post a superseades bond but the cost will be high to do that. You also have an action against the seller. They would have used a warranty deed I assume so they have an opbligation to get you clear title, possibly interplead them. I have done similar cases, one where the GF claimed she married the deceased owner while on a vacation to a common law state, and a palimoney claim from a GF who lived in California. We won both but they took forever, and were expensive. Good luck!
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#4 Marketing Your Property Contributor
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@Will - read this long thread and, geez, welcome to 'advanced real estate investing 501'. We met a few weeks ago at Bruce Norris event. Sorry I was so distracted with other competing or attention. Here's a little bit of "outside the casket" thinking for you.
Let me offer another strategy to consider. If this is truly an investment property and you do not intend to use as your principal residence, perhaps you'd consider taking the profit and leave the possession to the next buyer. The plan that I would employ is to sell the property to another buyer and let hem deal with the squatters' equitable title and possessory claims.
Since listing and selling would require interior inspections, as would most auction services, I would consider letting it go (or causing it) to foreclosure sale on the outstanding mortgage. Lots of trustee sale buyers desperate to find any product and willing to pay higher than you could sell net of a retail sale. Coupled on tip of this is the appreciation that you have benefitted from during the lengthy protracted legal battle.
Now, the objective is to let the property go to sale and claim the surplus funds per CC 2924(j, k). If you have any doubt about claiming, record a performance trust deed junior to your lender's TD for an option or similar claim to the equity. The surplus should inure to you.
The lesson may be obvious to you but not others: One of the unfortunate aspects of successful real estate investing is that we encounter the 'garage sale of civilization' (term appropriated from Cantu) and we get to deal with their bad behavior.
The primary consolation of being the "squattee" here is that you'll make money and the parasite squatters will have to find a new host.
Hey Rick, it was great meeting you in person at the Norris event.
As far as your suggestions, they have already been examined and are not possible in this situation due to the fact that neither the first or second lender may foreclose as the judge has an order to stay foreclosure.
It's been a month since the last update. I really hope you have good news. By the way, can you post the names so we will be prepared if they come our way?
Court date is in a couple weeks. No news to give as nothing has or can happen until court date.
WOW
I don't get in here as often as I used to. I am shocked to see this thread is still alive and you are still batteling the situation. Stay after them!!
Don
Anybody ever wonder if Murphy's Law was real or not? My situation with this house proves it does exist - what can happen, will!
I was suppose to start the trial this Friday, and I ended up in court yesterday for an ex parte hearing filed by opposing counsel. Apparently, the judge is leaving this court as of this Friday and thus, can not hear this case as it will likely go into the following Monday, so yet again, the case has been postponed. The judge did say that these delays have become ridiculous and that he wanted it set for 2 weeks out, of course the court did not have any slots available for another 6 weeks. These occupants have to have some kind of luck as they are now granted another 6 weeks of free room and board on my dime. Argh!!!!
Good Lord Will! Unbelieveable!! You know things are ridiculous when the judge makes a comment like that.
I just hope the newly assigned judge can see all the delays and skumbag measures their attorneey has been taking to get all the adjournments for the last year at least???
You gotta believe that these losers will have no legal defense when they stand face to face and get their day in court.
Almost there brother......
Chris
Chris
Jeez, I just looked at the date on the first thread post. ALmost 2.5 years????!!!!
Originally posted by Chris Masons:
Next week it will be 2 years and 7 months of ownership and never been inside or had access or ability to transfer title. What comes around goes around and I am hoping that in which I believe comes true for these jerks.
Unbelievable!
But how much has the value gone up since you bought it? You might look back and be happy that you had this forced delay
Flabbergasted and speechless don't even come close to covering my reactions to the challenges you're facing! It's ludicrous that you've owned this property for this long and been denied it. I'm impressed with your persistence and positive attitude, thanks for sharing with us!!!
@Will Barnard - awww, I listened to your podcast Tuesday and was excited for you that they would finally be gone. Makes my most annoying tenant look like a mere boil on my, ermmm, arm.
Just amazing.
Take notes.
Write a book.
There is a screenplay in this mess someplace.
Sincerely, my sympathies. This is beyond ridiculous.
Thanks for the support everyone.
As to the question of value increase, that may be a saving grace, however, the price actually was slightly down after purchase and stagnant for some time. It has been the last year that has assisted in some value increase. In total between the down and the up, I would estimate an upward increase of approx. $20k which does not even come close to covering the legal des, let alone all the holding costs for what will be 3 years. If I break even on the deal, I will throw a party and call it a win!
Will,
Sorry to hear about all of your problems with this case. I am a bankruptcy attorney by day and one thing you may want to check or have your attorney check is the squatter's bankruptcy filings. One of the problems with lying is keeping your story straight and if this individual used different attorneys then he may have said different things about his situation to different courts. The bankruptcy filings are sworn under oath. If he said he was married on them, then he lied (I am assuming you are correct on this point). If he said he wasn't then he lied on the state court proceedings. Additionally, if he did not disclose the house as an asset he also lied on his bankruptcy schedules.
This may not help your situation end sooner but it could make the squatter's life much more difficult if you can introduce criminal charges to the mix. Talk to your attorney or call the chapter 7 trustee listed on his case. You may also want to contact the U.S. trustee's office and the F.B.I. who investigates bankruptcy crimes. All of the bankruptcy pleadings are available online at www.pacer.gov. Good Luck! (Don't expect too much, trustees vary greatly in how much they care about this stuff. They aren't going to get any money from him so they may just take a pass on it. But, it might be worth a shot at this point.)
The reason I think it is possible he did not list it in the bk is you mentioned a 45 day stay coming from the bankruptcy filing. This is generally for renters so I am assuming that he did not list the property as an asset. If he had listed it as his property, the stay should extend even longer unless you filed a motion to lift the stay. This motion can be completed in about 45 days from filing so if that was the case, he may have disclosed it as an asset.
*please note this is not legal advice. I am just trying to explain what may have happened. I am only licensed in Oklahoma.
Thanks for the wisdom Paul, I will forward your info and advice to my attorney.
It just occurred to me, you purchased this house 2-days after my son was born. He's now a toddler who loves walking though houses with me! I couldn't imagine waiting this long to get a squatter out of a property!
It also strikes me that your squatters could have turned this into their own reality TV show had they looked at the opportunity before them ... might have helped with their legal bills? Then again, if they had that level of foresight, they probably wouldn't be squatting.
If anyone was getting a show out of this, it would be me!
Court upcoming next week, it has been a terribly long and rough road.