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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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Ryan Byrne
  • Real Estate Agent
  • Huntington Beach, CA
7
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Ryan Byrne
  • Real Estate Agent
  • Huntington Beach, CA
Replied

Had a meeting with my Broker today and learned that help (for the rest of us anyway) in dealing with squatters may be on the way.

The law became effective Jan 1 2015, allows property owners to execute a "Declaration of Ownership of Residential Property" which is filed with local law enforcement.  When this is done law enforcement is required to respond ASAP after being notified that an unauthorized person is on the property and take action which includes demand proof of that person's right to possession and if none can be produced trespass arrest can be issued by the owner.

So far this new law unfortunately only applies to the cities of Lancaster, Palmdale, and Ukiah as it requires cities to opt in. But it sounds like progress.

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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
Originally posted by @Ryan Byrne:

Had a meeting with my Broker today and learned that help (for the rest of us anyway) in dealing with squatters may be on the way.

The law became effective Jan 1 2015, allows property owners to execute a "Declaration of Ownership of Residential Property" which is filed with local law enforcement.  When this is done law enforcement is required to respond ASAP after being notified that an unauthorized person is on the property and take action which includes demand proof of that person's right to possession and if none can be produced trespass arrest can be issued by the owner.

So far this new law unfortunately only applies to the cities of Lancaster, Palmdale, and Ukiah as it requires cities to opt in. But it sounds like progress.

 This is good news and a step in the right direction, hopefully it spreads to the entire State. That said, it would NOT help my particular situation since the "squatter" does have a legal claim ongoing and presentation of that to law enforcement would suffice for his end. My nightmare is not from the typical "squatter", rather, from a person claiming title ownership (or at least a portion there of, as such, my incredibly long timeline and thread here documented said nightmare!

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Leon Hicks
  • Greenville, MS
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Leon Hicks
  • Greenville, MS
Replied

Will, I just read through this entire saga and have to say you have my respect. Best of luck to you in May.

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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

Thanks @Ryan Byrne

 for posting that. I will have to talk to local REIAs and see if that's been attempted in my area.

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

It is quite possible that this post may be mistaken for a late April's fools joke, but here it goes anyways. . . . . Today was trial on this 4+ year nightmare saga and when it was over, I was victorious. In fact, this DB and his DB attorney got absolutely hammered in court today. I can't take all the credit and neither can my attorney as the moron basically hung himself today by opening up his mouth on the record.

To make a very long story short, for the first time ever, today was the first day that someone other than myself or my attorney referred to this property as "MINE" in court and it was music to my ears! Even more satisfaction came when a long time ago court order that was never followed by the opposition was ruled and ordered again today. This guy was further ordered to pay all the holding costs (taxes, insurance, first and second mortgage payments, maintenance, etc) from the date of the order 3 years ago to today. That is well over $40k though I will likely not ever see any of it, at least it was so ordered and a judgement entered.

Some figures need to be calculated and the attorneys have until May 27 to meet and confir, then the stay of eviction is auto lifted May 29th so let the eviction begin on that date!

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Marc Ramsay
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  • Investor
  • Ojochal, Costa Rica
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Marc Ramsay
Pro Member
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  • Ojochal, Costa Rica
Replied

WooHoo!

It's nice to see the good guys win one once in a while. Great news. Hopefully he doesn't trash the place on the way out.

Congrats!

  • Marc Ramsay
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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 @Marc Ramsay:

    WooHoo!

    It's nice to see the good guys win one once in a while. Great news. Hopefully he doesn't trash the place on the way out.

    Congrats!

     You haven't seen this place, he lives in trash so there is not much more damage he can do to the place. I will literally have to rebuild this home excluding the foundation and most of the framing.

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    Jon Huber
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    Jon Huber
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    Replied

    @Will Barnard Congratulations... I hope for his sake, you never see him on the streets. I hope for my sake, you do. Enjoy.

  • Jon Huber
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    Deborah Burian
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    Deborah Burian
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    Replied

    @Will Barnard - that's really wonderful! Congrats on the beginning of the end of this ordeal.

  • Deborah Burian
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    Maggie H.
    • Upstate, NY
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    Maggie H.
    • Upstate, NY
    Replied

    Congratulations Will. This must be a huge relief for you.

    This case file is open to the public right? All landlords should know this guy's name, so they don't run into the same problem.

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    Michaela G.
    • Investor
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    Michaela G.
    • Investor
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    Replied

    Congratulations! 

    I'm just wondering: 40K for 3 years of all expenses, incldg 1st and 2nd mortgage, seems really low. That's a little above $ 1000/month. Is that the right number? I assume that this property is in Southern California ;-)

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    Dawn Anastasi
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    Dawn Anastasi
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    Replied

    Congrats on FINALLY seeing some light at the end of the tunnel.  I hope now that he sees he's at the end of his rope, he'll leave in the middle of the night and scurry away like cockroaches do.

    Hopefully you'll start a thread or continue this one and post pictures of what the place looks like so we can all see what you'll be starting with.

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    Jon Klaus
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    Jon Klaus
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    Justice is a satisfying thing, Will. Or at least moving in that direction. Congratulations on  nearing the end of your four year ordeal. You'll have to keep us updated on the rehab and whatever you do with this home.

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    Sam McPeek
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    Sam McPeek
    • Investor
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    Replied

    Congratulations Will! So awesome to hear that this is finally on it's way to being over...

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    Will Barnard
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    Will Barnard
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    ModeratorReplied
    Originally posted by @Michaela G.:

    Congratulations! 

    I'm just wondering: 40K for 3 years of all expenses, incldg 1st and 2nd mortgage, seems really low. That's a little above $ 1000/month. Is that the right number? I assume that this property is in Southern California ;-)

    The $40k figure only covers the second and other holding costs, the first would be additional and I am not sure how much or how little this joker has actually made until I see the evidence or get my report from Welks Fargo.

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    Troy Sheets
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    Troy Sheets
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    Replied

    Congratulations, I'm truly happy for you. The mental toughness to stay positive and persevere through this ordeal is extremely impressive! 

  • Troy Sheets
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    Roy N.
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    Roy N.
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    @Will Barnard

    Finally some smiling news!

    You may yet have this one renovated and sold before my son's fifth birthday ;-)

  • Roy N.
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    Christina R.
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    Christina R.
    • Investor
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    Replied

    @Will Barnard

     congratulations and I'm sure you feel the weight of the world finally slipping off your shoulders.  I would be most appreciative if after you've had a chance to process everything you take a few moments to detail exactly what happened in court yesterday.  I would love to hear what the "attorney" attempted to pull off that finally was DENIED.

    Congrats again!

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    Judy Parker
    • Rental Property Investor
    • Closter, NJ
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    Judy Parker
    • Rental Property Investor
    • Closter, NJ
    Replied

    Congratulations Will. Just curious, how much did you originally pay for this property? With all the aggravation and wasted time, do you feel it was worth the effort?  Do you anticipate a sizeable profit?

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    Will Barnard
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    Will Barnard
    Pro Member
    • Developer
    • Santa Clarita, CA
    ModeratorReplied
    Originally posted by @Judy Parker:

    Congratulations Will. Just curious, how much did you originally pay for this property? With all the aggravation and wasted time, do you feel it was worth the effort?  Do you anticipate a sizeable profit?

    I originally paid $205k for this property. 4 plus years later with 4 plus years of holding costs and attorney fees, I doubt I will make any sizable profit, the ONLY saving grace is that the property has appreciated over the 4 years. My original expected ARV was around $389k if memory serves me right. I now expect around $500k. Depending on what the first mortgage wants after this is all cleared up and I obtain possession, I may in fact turn this into a rental so I have two possible strategies here.

    If I make any profit on the flip strategy, it will not be much, maybe $20k, but that is certainly not worth all the air and suffering. Even if it was $60k, it would not be worth the 4 plus years and all the stress. 

    @Christina R. Basically opposing counsel argued the same position he has presented since  the beginning, the only difference here was that this judge had a brain and did. It buy his BS. She straight up told him several times (after having to repeat herself several times against the same argument), "Mr. Barnard was a BFP (bona fida purchaser) and it is his house, you can not argue he was married to the seller when your client was married to someone else at the same time and while the seller was married to another person at the same time!"

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

    I missed the part where the defendant was also married to someone else, while he claimed to have been married to your seller. So, he voluntarily offered that he was a bigamist and left himself open to criminal charges as well? I mean, under the claims of his argument. Obviously it was just bogus. But, man, the guy is stupid

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    Corbin H.
    • Rental Property Investor
    • Houston, TX
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    Corbin H.
    • Rental Property Investor
    • Houston, TX
    Replied

    @Will Barnard What an amazing story and thank you for sharing this with us!  I have read through the entire post and I am glad that it is FINALLY coming to an end.  After it is said and done and a lot of time, it will be a story to look back on and laugh about.  

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    Dana Whicker
    Pro Member
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    Dana Whicker
    Pro Member
    • Investor
    • Fernandina Beach, FL
    Replied
    Originally posted by @Will Barnard:

    It is quite possible that this post may be mistaken for a late April's fools joke, but here it goes anyways. . . . . Today was trial on this 4+ year nightmare saga and when it was over, I was victorious. In fact, this DB and his DB attorney got absolutely hammered in court today. I can't take all the credit and neither can my attorney as the moron basically hung himself today by opening up his mouth on the record.

    To make a very long story short, for the first time ever, today was the first day that someone other than myself or my attorney referred to this property as "MINE" in court and it was music to my ears! Even more satisfaction came when a long time ago court order that was never followed by the opposition was ruled and ordered again today. This guy was further ordered to pay all the holding costs (taxes, insurance, first and second mortgage payments, maintenance, etc) from the date of the order 3 years ago to today. That is well over $40k though I will likely not ever see any of it, at least it was so ordered and a judgement entered.

    Some figures need to be calculated and the attorneys have until May 27 to meet and confir, then the stay of eviction is auto lifted May 29th so let the eviction begin on that date!

     Wow, congratulations.  In CA, once the conviction has bee processed properly, does a police officer physically remove them if they don't leave?

  • Dana Whicker
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    Dana Whicker
    Pro Member
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    • Fernandina Beach, FL
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    Dana Whicker
    Pro Member
    • Investor
    • Fernandina Beach, FL
    Replied

    LOL, meant to type "eviction has been..."

  • Dana Whicker
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    John Carpo
    • Des Moines, IA
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    John Carpo
    • Des Moines, IA
    Replied

    Did the seller not let you in on this  situation before you bought the home. I hope your journey is over but I would not be so sure

     Ever heard of a match?