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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 @Rob K.:
Originally posted by @Christina R.:
I'm curious also if you've contacted the media? The AirBnB thread was very interesting and after the OP contacted a local reporter about it, the story went viral and ended up on the DrudgeReport and various national news channels. I think it could only help your case against these filthy dirtbags.
Agreed @Rob K!
I was suggested to have an investigator check out whether the attorney had the domestic violence case the other day, but what about an investigator on this scumbag "tenant"?? there has to be SOMETHING that can be discovered and (legally) utilized to your advantage...
(no legal advice)
I am not at all confident that going to the media now would assist me in any way. This occupant has a court case and this situation is tied up there, no media can change that nor would it affect this SOB holding my home hostage. He has nothing but this house, and will have nothing when I finally get it.
One thing I am very confident about, this court case will be precedence for future cases with such an issue and until I get this resolved,mi don't want other crooks in the public to get any poorly lit ideas to do something similar to others.
My day will come and that new day is in November.
Too bad Judy Judy can't try this nonsense - done in 30 minutes!!
I don't even know if I have words. I just read this whole thread, start to finish. I almost didn't even read it when I saw it was started in 2011 because I just assumed it was old news. At around page 8, I started to question why I was still reading. Then that one guys kid turned 3, and that's when I realized that I might get to page 17 and it might not be resolved.
I'm really sorry this is has happened to you. Best of luck in November.
I keep thinking we're finally getting to the "and Will lived happily ever after" part of this story. After everything you have been through, this BETTER have a happy ending.
Originally posted by @Vicki Gleitz:
I keep thinking we're finally getting to the "and Will lived happily ever after" part of this story. After everything you have been through, this BETTER have a happy ending.
That or my son {who was born two days before Will Closed on this property} will graduate from high school {sorry Will}.
Originally posted by @Roy N.:
Originally posted by @Vicki Gleitz:
I keep thinking we're finally getting to the "and Will lived happily ever after" part of this story. After everything you have been through, this BETTER have a happy ending.
That or my son {who was born two days before Will Closed on this property} will graduate from high school {sorry Will}.
Roy, hopefully by the time that your future GRANDCHILDREN graduate from college, Will will have taken possesion of his property soon enough to rent it to them. [but I do tend to be overly optimistic. I'm sorry too Will]
@Will Barnard Its November, hopefully good news?
Court at end of week. Should have an update for you all next week. Keep your fingers, legs, arms, and toes crossed for me! I'm currently superstitiously crossed up like a pretzel right now!!!
@Will Barnard good luck, but you really don't need it as you're in the right and have remained on the high road the whole time. You will be rewarded for that!
I'll be thinking of you. This feels like and old-time magazine serial, where one breathlessly awaits the next chapter. I'm certain to you it feels moe like a nightmare.
Thank you for putting this all down here. Very eye opening and valuable information for investors regardless of likelihood to happen again.
Good Luck!
This is a ridiculous case. I have been an officer for 13 years and are I find that the court system is an absolute waste. My initial thought after reading the last seventeen pages was that perhaps there could be some laws written to stop this from happening to anyone in the future. As I thought more about it, I see that there are no laws that would have resolved this initially due to the fact that the guy claimed to be married to the seller at the time of sale. I do believe that as soon as it was proven that there was no marriage, the case should of reverted back to the previous judgment of eviction and been resolved at that point. As in most cases, the courts are responsible for not getting things finished (much like Congress.)
I always hate getting involved in civil cases because there's nothing I can do to help and I imagine several officers felt the same way on your case. I can't imagine how much worse it is in California where they thrive on making more laws. It is extremely unfortunate that this happened to you. I remember seeing a story in the media back in the summer where someone from Florida had been deployed overseas and someone took up residence on his home as squatters and it took him a while to get his own home back. It's certainly not fair and squatting should be a criminal offense. I would be more than happy to jail someone for literally "stealing" a home. In Indiana, the definition of theft is "unauthorized control over another person's property with the intent to deprive the person of it's value," but it doesn't apply to squatting for some reason. I will never understand the court system and how it got so messed up. (While on my soap box, I will mention that one of the biggest reasons people aren't afraid to commit crimes is because there is no penalty. When a person is arrested for a crime and spend a few hours in jail to receive probation that they violate and receive only more probation, there is absolutely no reason not to do what they want and commit more crimes. God help us as it is only continue to get worse over the rest of our lifetimes.)
Good luck to you sir and look forward to a positive update.
Thank you Dale, I could not agree more with you. What this guy has done is literally theft by its definition, yet, un-punishable thus far. The last thing we need is more laws, so my suggestion would be to amend or fix the current ones!
I guess I should not be surprised, I have no clue why I am in astonishment! What another waste of a day and money. So court was to be at 11 today. After waiting and listening to the most ridiculous family court arguments on other cases for an hour, we are finally called at 12. First words out of the judges mouth are, "so what are we doing today". This guy has no clue what he is doing, I am astonished that such a person can be a judge and have the power he holds. We say "trial your honor".
Before getting called up, we had an inclination that something bad was going to happen. There was a domestic violence case scheduled at 1 which as usual takes precedence over my case. Similar things have happened countless times to me already.
So the next thing we hear from the judge is a huge problem. This guy is moving today to another courthouse and thus, a new judge (this is the second time this has happened to me) will have to hear the case, So once again, even after all my pleading and frustration delivered to the court, trial is moved again to December. I need an insulated and fully padded room as I am about to go postal! The alphabet does not. Have enough letters to spell the cuss words I have for this case, this judge, this courthouse, this system. I give up.
You are being abused by both the squatter and the court system and for Pete's sake, why isn't your attorney more effective? It is time to go to the media with this. It's very admirable that you don't want to publicize the methods this piece of crap has used to keep you from your own property, but enough is enough. By now, I feel you don't just deserve to have your property restored to you. You also deserve monetary damages for pain and suffering inflicted by the court. And a new attorney.
I honestly don't understand what the problem is here. It's a simple, short trial. He's never been married to the seller and has no rights to the property. Not much to argue. Your attorney says, "your honor, he has no rights to the property and is a squatter playing the system." The judge asks his attorney, "Do you have proof that you were married?" Attorney says, "No." Judge says, "Then why are we here? Ruling for the plaintiff." Case closed.
Sounds like you are dealing with a huge court system. My county only has 8 courts total so we don't run into this issue.
will,
Best if luck with the case.
I know in SoCal, when a tenant files for bankruptcy, it has to turn into a bloody situation before they are removed. And you are almost getting there!
It's a nightmare so I have heard. From what I have read, the bankruptcy must be resolved prior to evicting the tenants.
Hang in tight!!
You do realize that this has been going on for over 3 years, don't you?
Sylvia,
Indeed, and I'm also aware that's it's not yet over.
Hence, I wished him the best of luck.
That's it. Final straw Will. Send out a summary press release naming names and judges who F you. Get this publically exposed now and build a fire under the system. We need reporters at next court date to shine a light on the players that are completely doing your case wrong. This needs outside pressure and now. It is going to happen again if you don't. You have no choice but to take matters in your own hands. The system has failed completely thus far.
Post address of property and names asap. Send KFI story, they love this stuff...there is no gag order here....officially expose in the biggest public way you can. Spend 1k on PR. You can't take anymore delays....unprepared judges etc...you can't be the victim any longer. It is over being the gentleman court systems biatch.
The next time Will goes to court, perhaps there can be a group of people outside the courthouse with signs like "Justice for Will" and "Give Will back his house" in a peaceful protest.
