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Updated over 5 years ago, 04/16/2019

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Will Barnard
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The Occupants from Hell!

Will Barnard
Pro Member
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  • 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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Will Barnard
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Will Barnard
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ModeratorReplied

Supposedly, the opposition is preparing some sort of offer to take me out. We shall see if they can actually perform on this. I am hoping to just get my money back and pay off the lender. Time will tell. I have to wait again.

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Roy N.
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Roy N.
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ModeratorReplied
Originally posted by @Will Barnard:
Supposedly, the opposition is preparing some sort of offer to take me out. We shall see if they can actually perform on this. I am hoping to just get my money back and pay off the lender. Time will tell. I have to wait again.

Will:

Is that "take me out" as in:

  1. on a date;
  2. acquire your financial interests; or
  3. snuff you.

The way this little soap opera of yours has been playing out, I did not wish to make any assumptions ;-)

  • Roy N.
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    Will Barnard
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    ModeratorReplied
    Originally posted by @Roy N.:
    Originally posted by @Will Barnard:
    Supposedly, the opposition is preparing some sort of offer to take me out. We shall see if they can actually perform on this. I am hoping to just get my money back and pay off the lender. Time will tell. I have to wait again.

    Will:

    Is that "take me out" as in:

    1. on a date;
    2. acquire your financial interests; or
    3. snuff you.

    The way this little soap opera of yours has been playing out, I did not wish to make any assumptions ;-)

    Considering I am the one of Italian (Sicilian) descent, item 3 would be the opposite, I would be doing the clipping.

    As to item 1, I would rather go on a date with Satin so that is out too.

    That leaves item 2, which is the correct answer on this episode of who wants to be a millionaire.

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    Dawn Anastasi
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    Dawn Anastasi
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    Replied

    You're kidding, you mean the jerk that's been staying for this long rent-free wants to "buy" your financial interest in the property?

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    Roy N.
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    Roy N.
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    ModeratorReplied
    Originally posted by @Will Barnard:
    Originally posted by @Roy N.:
    Will:

    Is that "take me out" as in:

    1. on a date;
    2. acquire your financial interests; or
    3. snuff you.

    The way this little soap opera of yours has been playing out, I did not wish to make any assumptions ;-)

    Considering I am the one of Italian (Sicilian) descent, item 3 would be the opposite, I would be doing the clipping.

    As to item 1, I would rather go on a date with Satin so that is out too.

    That leaves item 2, which is the correct answer on this episode of who wants to be a millionaire.

    Will,

    I presume the buy-out will include 3-years of back rent, plus late fees and interest?

  • Roy N.
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    Marc Ramsay
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    And legal fees...

  • Marc Ramsay
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    Chris Vail
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    Chris Vail
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    @Will Barnard Wow... I just made it through this entire thread.

    Good luck is all I can say, I know this is a one off of a one off of a one off situation so won’t let it get in my head to much. In hindsight is there anything that could have been done differently that you would give as advice for someone looking at any future property. I know in your initial numbers break down you budgeted for the worse case scenario, (obviously this worst case did not exist before this experience) so is there even an answer as to how to protect yourself from something like this happening?

    This has been a good read, of a very terrible experience.

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    Will Barnard
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    Will Barnard
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    Will,

    I presume the buy-out will include 3-years of back rent, plus late fees and interest?

    Good point, I will try and get what I can get, but ultimately, I at least want my costs back (including attorney fees). If I can get back rent, that would be a plus.

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    Matt R.
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    Glad to see this is on a path to resolving. It is still is the most remarkable landlord story I have ever heard. My buddy just went through something similar that took 18 months in Granada Hills, CA. The FBI was involved is about the only difference.

    Power on bro,

    Thanks,

    Matt

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    Henry M.
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    Note to self:

    Never, ever, ever... Never, Never, ever... Invest in California.

    PS: I LOVE TEXAS!

    BIG HENRY

  • Henry M.
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    I feel your pain. I've often wondered if the tables could not be turned on squatters. They often look for unoccupied properties and move in, change the locks and tenancy. I just wonder if there's any reason that the property owner couldn't just have someone watch the property. When the squatters leave to re-up their medical Marijuana prescription your hired 'tenant" is ready with a drill and a new lockset. They then setup shop effectively ending the squatter's tenancy.

    I know it sounds pretty risky and not really cost effective, but doesn't it sound good on paper?

  • Tom Mole
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    Patrick L.
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    Originally posted by @Tom Mole:
    I feel your pain. I've often wondered if the tables could not be turned on squatters. They often look for unoccupied properties and move in, change the locks and tenancy. I just wonder if there's any reason that the property owner couldn't just have someone watch the property. When the squatters leave to re-up their medical Marijuana prescription your hired 'tenant" is ready with a drill and a new lockset. They then setup shop effectively ending the squatter's tenancy.

    I know it sounds pretty risky and not really cost effective, but doesn't it sound good on paper?

    It doesn't work. I tried that on my squatters. My maintenance guy saw the squatters were gone during a site visit and changed the locks. The squatters called the cops to tell them we locked them out of "their apartment." The cops said if they say it's theirs they can re-enter it and told the tenants to go ahead and break a window to get back in if they had to. Until I completed an eviction there wasn't anything I could do.

    This case seems to be more of a complicated legal battle than just a standard possession battle. If he tried to deny them possession at this point he'd end up in a lot of trouble.

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    Kimberly H.
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    Replied

    I just found and read this entire thread like it was some book I couldn't put down. Wow. There are no words. Sorry.

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    Will Barnard
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    Will Barnard
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    Originally posted by @Henry M.:
    Note to self:

    Never, ever, ever... Never, Never, ever... Invest in California.

    PS: I LOVE TEXAS!

    BIG HENRY

    As bad as this situation has been, I would not fully agree with thus. I will say be very careful being a landlord here in CA, however, landlording is not the only option. I have made a great fortune investing in RE here in CA from rehab flipping.

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    J Scott
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    Wow, it looks like I responded to the first post back in 2011, and then have missed all the updates since. I just read through this entire thread, and it makes me want to fly out there and help you "take care of the situation." Say the word, and I'm on a plane... :)

    Ugh. So sorry you're dealing with this crap...hopefully resolved soon!

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    Will Barnard
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    Will Barnard
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    Thanks J, appreciate the offer. The only help I would need would be the hole in the desert, but as stated above, that would only lengthen my problem, though provide a feeling of satisfaction!

    I can't believe this thread is now 14 pages long and over three years old!

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    CK Hwang
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    Seriously, the fact that you can see this through for 3 years and keep going, respect to you @Will Barnard

    This is one of those cases that would seriously test my resolve at being a real estate investor big time.

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    Henry M.
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    Replied
    Originally posted by @Will Barnard:

    Will,

    Thanks for killing my post. Lol.

    You should be thanking me for discouraging the competition.

    Naw, I was just saying the laws protect the owners much better here in Texas than in CA.

    But I still love Texas over Cali, any day.

    Keep us posted buddy.

    I hope you at least break even.

    Big Henry

  • Henry M.
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    Will Barnard
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    Will Barnard
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    Henry, I could not agree more as far as landlording, laws here suck and in TX, they are great, which is exactly why I was in Dallas and will be going back. Apartments with lots of doors in TX are what I am after.

    Very close on two deals right now. In fact, I am only $25k apart from seller on one of them. Seems so miniscule when the purchase is over a million, but I fight for every dollar!

    Now, back to my hell of a story occupant thread . . .

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    Scott K.
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    I would be having a big bomb fire with free hotdogs for the neighbors. They would have nothing left to move back into the house. I would even burn their toothbrush.

    Had a problem with tenants in a house my parents owned. They left and went camping well a crazy thing happened to all their things. Crazy how that works

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    Rick Bradd
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    Rick Bradd
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    Replied

    soldiers story ends with victory

    So maybe the biker idea for eviction really works? Check out this link that briefly covers an eviction of a squatter.

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    Judd Campbell
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    Judd Campbell
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    Epic story. Just read every page. I carry when visiting and showing the property (let the grip poke out of your pocket) and dress down. Drive a pickup that is older than the vehicles the tenants drive and they figure you are not worth picking on.

    Best of luck!

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    Stephen S.
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    • Holiday, FL
    Replied
    Just asking an opinion -

    Say that is my deal - squatters in my house. So I send myself some letters, utility bills, whatever to that address and retrieve them myself. Or hey; get my drivers license address changed to the property address. Then when the squatters go out to score or whatever I go into the house change the locks and stay there. When they come back and call the cops I say: What? These people are crazy officer. This is my house, here's the deed, wait; here's my driver's license. And look; here's my mail.

    They have been hanging around here - I was wondering what they were up to - they're probably vagrants or drug dealers. Maybe you should arrest them for trespassing; I'll sign the complaint, and then you can search them and their car for drugs or whatever other nonsense they are up to.

    How would that work to get them out?

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



    Originally posted by @Patrick L.:
    Originally posted by @Tom Mole:
    I feel your pain. I've often wondered if the tables could not be turned on squatters. They often look for unoccupied properties and move in, change the locks and tenancy. I just wonder if there's any reason that the property owner couldn't just have someone watch the property. When the squatters leave to re-up their medical Marijuana prescription your hired 'tenant" is ready with a drill and a new lockset. They then setup shop effectively ending the squatter's tenancy.
    I know it sounds pretty risky and not really cost effective, but doesn't it sound good on paper?

    It doesn't work. I tried that on my squatters. My maintenance guy saw the squatters were gone during a site visit and changed the locks. The squatters called the cops to tell them we locked them out of "their apartment." The cops said if they say it's theirs they can re-enter it and told the tenants to go ahead and break a window to get back in if they had to. Until I completed an eviction there wasn't anything I could do.

    This case seems to be more of a complicated legal battle than just a standard possession battle. If he tried to deny them possession at this point he'd end up in a lot of trouble.

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    Will Barnard
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    Will Barnard
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    I was in court again yesterday for this matter, mostly because I have nothing else better to do with my time (yeah right). The highlight was that the judge finally has seen enough of this BS that he granted an actual trial date that (supposedly can not be changed or delayed, though I have heard that song and dance before) in October. While I have to wait yet again for many more months, I can not see how I will not win and have a final resolution to getting this property off my mind!!!

    On a side note, I have a second mortgage from a very patient private lender who invested in me and this project 3 years and 3 months ago with a 6 month note. I have been paying interest on this for all that time and he has kindly agreed to wait this long, though he has made quite a bit more money too. I will be paying him off with the balance interest owed as the poor guy should not have to wait any longer. I will have to pull operating capital from my account to pay it off, but as I have said all along, the most important thing, no matter how bad a deal goes, pay your lenders! I stand by my word.

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    Dawn Anastasi
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    Originally posted by @Will Barnard:

    On a side note, I have a second mortgage from a very patient private lender who invested in me and this project 3 years and 3 months ago with a 6 month note. I have been paying interest on this for all that time and he has kindly agreed to wait this long, though he has made quite a bit more money too. I will be paying him off with the balance interest owed as the poor guy should not have to wait any longer. I will have to pull operating capital from my account to pay it off, but as I have said all along, the most important thing, no matter how bad a deal goes, pay your lenders! I stand by my word.

    A Barnard always pays his debts ...