I got a squatter in my OK house in FC

I got a squatter in my OK house in FC

Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes

Looking for any opinions on this one since its my first squatter. I bought a 1st position NPL on a home in Tulsa OK from Granite early last year and found that the borrower already vacated. I hired a property preservation company to do a lock change and photos. Hired a local lawn guy to cut the grass and eventually had him do a trash out. Great, now I have a cleaned up FC ready to market. Completed FC in late August but found that there was a mistake in the legal description (long story, later) so we have to vacate the FC and are now re-foreclosing. 

I contacted my local resource to check on the home last week and he called and said that someone is living there, curtains in the windows and the back fence is repaired and the trees trimmed. Called the local utility companies and shure 'nuff, new account opened. 

Called Tulsa police who paid a visit and he spoke with neighbor who said a guy, girlfriend and child live there and are taking care of the place. 

So seems like they are not crack junkies. 

Police referred to Tulsa detective who got the occupants phone number from neighbor and called him. He was elusive and she gave him my phone number. Got a call yesterday from him but missed it an no voicemail. 

So, now before I contact the squatter, I plan to contact my FC attny to see what legal recourse I have. I'm not anxious to evict them since they seem to be keeping the property maintained and the heat on at their expense. 

Since I'm technically just the lender and not the owner, I don't think I can charge rent?? The paper I bought is institutional and has terms for assignment of rents, but the borrower is long gone and I'll assume no rental agreement in place. I do have the property insured with a vacant home policy thru Affinity/NREI

Any thoughts on rent collection as lender? Any other comments/thoughts are welcome. 

Thanks

Bob

0Reply
71 views

Most Popular Reply

Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
10y

Wow! (this is actually my first post and I don't have a picture yet but I couldn't resist replying to this)

Whoever called this story a roller coaster was right! This is something straight out of a book.  I was honestly expecting the family to be a poor unsuspecting family that got played by a scammer.

Sorry to hear this happened to you but glad you got it resolved! And you even put a criminal behind bars in the process!!

See this reply in the discussion

37 Replies

Jump to latestLatest
  • Owasso, OK · Member since 2014 · 113 posts · 43 votes
    10y

    I'd be interested to see (like you and I talked the other day, Bob) who the current occupant thinks is the landlord. It sounds to me like they're not your typical squatters, in that they've got utilities on and are taking care of the house. My only experience with squatters has been in my parents' neighborhood, and that guy didn't get the utilities turned on or anything. I agree, get with your attorney and see if you can get any sort of recourse against them, but I would think you'd be even better served going after whoever the false landlord is.

  • Real Estate Agent · Wareham, MA · Member since 2013 · 112 posts · 67 votes
    10y

    I'm not in this area of Real Estate, but ...   I think I'd work with the current occupants (squatters) make out some type of occupancy arrangements and explain that the rent payments going forward would be sent to you.  Offer Rent forgiveness for the past rent they paid.    Hopefully this will all work out for you.  I'll looking forward to future post with your updates.

    As I stated above this is not my area of expertise.  I could be all wet here  <smile>

  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    10y

    I'm being sarcastic here when I say that someone has thought up a new business plan:  Find a house that is in foreclosure or some legal battle, find renters to live in the house and collect rent while they live there.  Ingenious!

    Sorry you have squatters.  I would find a local representative to go to the property, inspect it, meet with the tenants, find out who they are paying (if they are paying) and start collecting rent directly while you work on the next steps.  

    My loan docs have an "Assignment of Rent" built in for situations like this.  A judge can order rent to be paid to you, but it's much easier if the tenants just pay you directly!

  • property manager · Las Vegas, NV · Member since 2012 · 502 posts · 171 votes
    10y

    Bob,

    You have the right to preserve the assest and collect rent through the assignment of rents it seems from your comment. You may need to have the assignment filed in court so you are the established landlord. Then you can tell the occupant to enter into a rental agreement or be removed from the property by the court.

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    10y
    Originally posted by @Darren Eady:

    I'm being sarcastic here when I say that someone has thought up a new business plan:  Find a house that is in foreclosure or some legal battle, find renters to live in the house and collect rent while they live there.  Ingenious!

    Sorry you have squatters.  I would find a local representative to go to the property, inspect it, meet with the tenants, find out who they are paying (if they are paying) and start collecting rent directly while you work on the next steps.  

    My loan docs have an "Assignment of Rent" built in for situations like this.  A judge can order rent to be paid to you, but it's much easier if the tenants just pay you directly!

    Can you explain "assignment of rent" for those of us who do not understand this term? Thanks 

  • Investor · Lafayette, LA · Member since 2015 · 152 posts · 50 votes
    10y

    Since they appear to be taking care of the property, curtains in the windows etc, is it possible the family in the property are the victim of some kind of scam? Perhaps the previous owner "rented" out the property?

  • Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes
    10y

    Yes they could be a scam where an unscrupulous person saw my Craigslist ad for sale and decided to pose as the owner and rented it out. I plan to call the occupants and see if they can provide more info, after my attorney responds with any advice. The good news (other than that they appear to be taking care of the place) is that I can have them arrested for breaking/entering if they did not "rent" the property from a scammer. For now, during these cold months its a win/win-- I get someone to look after the place and they get shelter and warmth. 

    I'll let everyone know how this turns out once it is resolved, and thanks for all of your input. 

    Bob

  • Lender · Redmond, WA · Member since 2014 · 553 posts · 490 votes
    10y

    Hey Bob,

    I will bet you a beer that your occupants were scammed themselves and are paying rent to someone else.  A real squatter would not behave like they have a right to be there.  It seems there is no end to the weird situations one can encounter in this business.  Will make a great war story once you get it worked out...  :-)

    Mike 

  • Investor · Owasso, OK · Member since 2013 · 166 posts · 90 votes
    10y
    Originally posted by @Bob Malecki:

    Yes they could be a scam where an unscrupulous person saw my Craigslist ad for sale and decided to pose as the owner and rented it out. I plan to call the occupants and see if they can provide more info, after my attorney responds with any advice. The good news (other than that they appear to be taking care of the place) is that I can have them arrested for breaking/entering if they did not "rent" the property from a scammer. For now, during these cold months its a win/win-- I get someone to look after the place and they get shelter and warmth. 

    I'll let everyone know how this turns out once it is resolved, and thanks for all of your input. 

    Bob

     I'm about 20 minutes away. I know the rental scam on craiglist is happening in the area quite a bit. You hear it on the local news every other month.

  • Queen Creek, AZ · Member since 2014 · 2k+ posts · 1k+ votes
    10y

    Assuming these people were scammed they might actually have an interest in buying the place with owner financing (or without).  Lemons into lemon aid.

  • Wholesaler · Denver, CO · Member since 2015 · 18 posts · 9 votes
    10y

    I really like Bob's idea. Hope that's how it turns out since these people seem innocent. 

  • Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
    10y

    My technique probably wont work in your situation but this is what I do...

    If a person is camping at a vacant property that I am buying or currently own I will post notices on the doors that read some like.... This Place is contaminated, property is being monitored remotely by surveillance, all persons and belongs will be seized in xx many days...etc.  I have one of my notices saved in the BP Fileplace.


    Franklin

  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    10y

    @Daria B.

    An "assignment of rent" is an agreement with the borrower on a loan that in the event they do not make their payments, the rent payments can be assigned through an initial court proceeding to the lender, who is due payments, rather than to the borrower, who is in default.  

    The document could also be shown to a squatter or tenant (my loans do not allow owner occupancy) to prove to them that they should start paying you (the lender) rather than the alleged landlord.

  • Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes
    10y

    Well I left another vm with the squatter and hopefully will hear back, else will have to get the Tulsa detective to proceed with breaking and entering. Depending on their ability to pay I would prefer to keep them in the property, paying rent and then I can sell the home after FC as a "loaded rental" or better yet sell it to them and take back a note. Stay tuned....

  • Wholesaler · Denver, CO · Member since 2015 · 18 posts · 9 votes
    10y

    I haven't read anything about finding the person who is collecting the rent. Should you find out who that is so that the police can catch them? That would make it clear to your squatters who the real landlord "isn't". 

  • Real Estate Investor · Amherst, VA · Member since 2015 · 386 posts · 400 votes
    10y

    The crazy thing is doesn't Craigslist have a disclaimer specifically warning you about rental scams? I thought they did..

    Assuming that they did, you were lucky. If they fixed up the fence etc and as you said they're occupying it during the winter.

  • Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes
    10y
    Originally posted by @Denise Southard:

    I haven't read anything about finding the person who is collecting the rent. Should you find out who that is so that the police can catch them? That would make it clear to your squatters who the real landlord "isn't". 

     That is exactly what I'm doing in my efforts to contact the squatter. If he does not take my call or return my request for a callback today, then I will have the Tulsa detective pay him a visit and begin the process of me pressing charges. Each time I leave a voicemail with him I position my wording to be more aggressive on "legalities" and kindly request a return call to discuss. 

  • Rental Property Investor · Gainesville, FL · Member since 2015 · 1k+ posts · 432 votes
    10y
    Originally posted by @Darren Eady:

    @Daria B.

    An "assignment of rent" is an agreement with the borrower on a loan that in the event they do not make their payments, the rent payments can be assigned through an initial court proceeding to the lender, who is due payments, rather than to the borrower, who is in default.  

    The document could also be shown to a squatter or tenant (my loans do not allow owner occupancy) to prove to them that they should start paying you (the lender) rather than the alleged landlord.

     In this case then since the people occupying are not tenants of the true owner, does it mean these people are forced to pay the rent to the lender?  Of course in this in case, does the lender go after the people living in the true owners property because the owner has the mortgage with that lender.

  • Investor · Kingston, WA · Member since 2008 · 1k+ posts · 1k+ votes
    10y

    Yes

    Originally posted by @Daria B.:

    Originally posted by @Darren Eady:

    @Daria B.

    An "assignment of rent" is an agreement with the borrower on a loan that in the event they do not make their payments, the rent payments can be assigned through an initial court proceeding to the lender, who is due payments, rather than to the borrower, who is in default.

    The document could also be shown to a squatter or tenant (my loans do not allow owner occupancy) to prove to them that they should start paying you (the lender) rather than the alleged landlord.

    In this case then since the people occupying are not tenants of the true owner, does it mean these people are forced to pay the rent to the lender? Of course in this in case, does the lender go after the people living in the true owners property because the owner has the mortgage with that lender.

  • Developer · Philadelphia, PA · Member since 2013 · 1k+ posts · 902 votes
    10y
    Originally posted by @Bob Malecki:

    Well I left another vm with the squatter and hopefully will hear back, else will have to get the Tulsa detective to proceed with breaking and entering. Depending on their ability to pay I would prefer to keep them in the property, paying rent and then I can sell the home after FC as a "loaded rental" or better yet sell it to them and take back a note. Stay tuned....

     Subscribed...

    *sits back and grabs popcorn

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Darren Eady  @Bob Malecki

    this scam is alive and well in the mid west rust belt and deep south.

    When I had foreclosures and banged on doors... more than once I asked who they were paying rent.. to and it would be    I's pay to the guy in the blue truck...

    this scam is alive and well .. the fact that the dectives will even engage you is awesome most jurisdictions would tell you its a civil matter. 

    assignment of rents is great but it cost to perfect it.. and try to explain to some tenant what it is.. they have no understanding and think your the MAN trying to scam them more.  Been there done that.

  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    10y

    @Jay Hinrichs @Bob Malecki

    Sketchy people out there!  I just served two notices showing the current tenant that I have an Assignment of Rents - we'll see if either pan out that direction.  I also include a power of attorney in my loan docs and have already taken over title on one of these properties, so if the tenant doesn't respond quickly, I will be able to quickly move them out.  

    It is always amazing to me what lengths criminals will go to steal from investors!

  • Westport, MA · Member since 2015 · 128 posts · 56 votes
    10y

    Really interesting thread, Can't want to see what happens.  I am with @Mike Hartzog, they are getting scammed as well, why else would someone move in with a family and take care of a place.

  • Investor · Kansas City, MO · Member since 2013 · 465 posts · 170 votes
    10y

    I'm just going to follow along. This seems interesting! 

  • Wholesaler · Denver, CO · Member since 2015 · 18 posts · 9 votes
    10y

    Does the scammer break in and change the lock to be able to give the people a key? Wondering if there is a way to avoid this? Pay someone to house sit until paperwork is complete? Wouldn't that be a disappointment to the scammer?

Join the conversationCreate a free account to reply, vote on answers and follow this thread.