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Updated about 9 years ago,

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Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
1,451
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1,723
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I got a squatter in my OK house in FC

Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
Posted

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

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