Investor · Novato, CA · Member since 2015 · 432 posts · 321 votes
Borrower has been fighting 2 years to stay in possession without payment. We were awarded property at foreclosure in February.
Below is an email I received from our Agent about the lockout at our favorite property:
“Update. That was one of the most violent setouts that I or the bailiff has ever seen. Dennis ended up lying to the cop the night before the setout telling him that he was already out. We showed up with our largest crew ever and worked with the bailiff and the enforcement officer for Delhi township. The bailiff did a good job keeping things from getting violent as borrower' brother was very upset and talked about guns and shooting people. Shockingly, they had young kids there. The bailiff had our crew move about one half of the garage into the driveway so that Dennis was no longer permitted access to the home. Dennis asked several times for access which I denied. Once the crap was in the driveway, the neighbors came out and started to complain because they were having people over for the holiday weekend. The enforcement officer for Delhi township agreed with the neighbors and asked us to have everything cleaned up for the weekend. One officer tells us to move it out, the other officer tells us to move it in, so we did both.
The bailiff agreed that it was going to get violent when he left so we placed everything in the driveway and then resecured the house with the bailiff doing the final walk through. We left Dennis to load all of the crap, and do mean it was crap.
When I came back the next morning about 75% of the crap was still in the driveway and it looked awful. We then moved all of that crap back inside the two car garage and resecured the property. We then cut the grass so that the neighbors understood that we were keeping our end of the promise.
Tuesday morning we took two more loads of miscellaneous crap to the dump. I imagine we have a couple more days of going to the dump to have the house cleared.
Cleanout bill is going to come in at $5300 and will be done by Saturday afternoon.”
There is moldy carpeting in the basement that will have to be removed, along with a couple feet of drywall up all the walls (too bad to leave for marketing). We have one verbal bid of $4850 for the removal/disposal and I’ve requested a second bid for the work.
Real Estate Investor · Amherst, VA · Member since 2015 · 386 posts · 400 votes
8y
We did a deed-in-lieu of foreclosure with a cash-for-keys. The rookie attorney gave her the money before we had time to inspect the property.
You see where this is going. Of course, they left with the outside AC unit and broke the central air upstair trying to reach the water heater, which they also stole. And we PAID THEM to do so..
I thought being a LL was passive and an easy business. lol. At least that's what the gurus teach. Good luck.
OH ya just buy a bunch of rentals and retire with passive income.. be financially free. when in fact if you have debt your financially strapped to these things.. until you sell them.
Borrower has been fighting 2 years to stay in possession without payment. We were awarded property at foreclosure in February.
Below is an email I received from our Agent about the lockout at our favorite property:
“Update. That was one of the most violent setouts that I or the bailiff has ever seen. Dennis ended up lying to the cop the night before the setout telling him that he was already out. We showed up with our largest crew ever and worked with the bailiff and the enforcement officer for Delhi township. The bailiff did a good job keeping things from getting violent as borrower' brother was very upset and talked about guns and shooting people. Shockingly, they had young kids there. The bailiff had our crew move about one half of the garage into the driveway so that Dennis was no longer permitted access to the home. Dennis asked several times for access which I denied. Once the crap was in the driveway, the neighbors came out and started to complain because they were having people over for the holiday weekend. The enforcement officer for Delhi township agreed with the neighbors and asked us to have everything cleaned up for the weekend. One officer tells us to move it out, the other officer tells us to move it in, so we did both.
The bailiff agreed that it was going to get violent when he left so we placed everything in the driveway and then resecured the house with the bailiff doing the final walk through. We left Dennis to load all of the crap, and do mean it was crap.
When I came back the next morning about 75% of the crap was still in the driveway and it looked awful. We then moved all of that crap back inside the two car garage and resecured the property. We then cut the grass so that the neighbors understood that we were keeping our end of the promise.
Tuesday morning we took two more loads of miscellaneous crap to the dump. I imagine we have a couple more days of going to the dump to have the house cleared.
Cleanout bill is going to come in at $5300 and will be done by Saturday afternoon.”
There is moldy carpeting in the basement that will have to be removed, along with a couple feet of drywall up all the walls (too bad to leave for marketing). We have one verbal bid of $4850 for the removal/disposal and I’ve requested a second bid for the work.
We are making progress!
that's not so bad. I had 5 last year that were so bad I had to demo the house and the costs to remove and demo were 20 to 75k each.. 10k is nothing..
Rental Property Investor · Greater Lansing Area, MI · Member since 2014 · 196 posts · 55 votes
8y
@Jay Hinrichs was this a tenant or the previous owner of the property? I work with the local RPOA and would like to share your story if you don't mind. I also have property in Delhi township. Feel free to PM me if that's better. Like @Mindy Jensen I'd be interested in links to previous posts if you have them.
Borrower has been fighting 2 years to stay in possession without payment. We were awarded property at foreclosure in February.
Below is an email I received from our Agent about the lockout at our favorite property:
“Update. That was one of the most violent setouts that I or the bailiff has ever seen. Dennis ended up lying to the cop the night before the setout telling him that he was already out. We showed up with our largest crew ever and worked with the bailiff and the enforcement officer for Delhi township. The bailiff did a good job keeping things from getting violent as borrower' brother was very upset and talked about guns and shooting people. Shockingly, they had young kids there. The bailiff had our crew move about one half of the garage into the driveway so that Dennis was no longer permitted access to the home. Dennis asked several times for access which I denied. Once the crap was in the driveway, the neighbors came out and started to complain because they were having people over for the holiday weekend. The enforcement officer for Delhi township agreed with the neighbors and asked us to have everything cleaned up for the weekend. One officer tells us to move it out, the other officer tells us to move it in, so we did both.
The bailiff agreed that it was going to get violent when he left so we placed everything in the driveway and then resecured the house with the bailiff doing the final walk through. We left Dennis to load all of the crap, and do mean it was crap.
When I came back the next morning about 75% of the crap was still in the driveway and it looked awful. We then moved all of that crap back inside the two car garage and resecured the property. We then cut the grass so that the neighbors understood that we were keeping our end of the promise.
Tuesday morning we took two more loads of miscellaneous crap to the dump. I imagine we have a couple more days of going to the dump to have the house cleared.
Cleanout bill is going to come in at $5300 and will be done by Saturday afternoon.”
There is moldy carpeting in the basement that will have to be removed, along with a couple feet of drywall up all the walls (too bad to leave for marketing). We have one verbal bid of $4850 for the removal/disposal and I’ve requested a second bid for the work.
We are making progress!
Hey Steve, thanks for keeping it real and sharing what can and will happen in real estate, especially note investing. I assume this is a mortgage that you foreclosed on?
Borrower has been fighting 2 years to stay in possession without payment. We were awarded property at foreclosure in February.
Below is an email I received from our Agent about the lockout at our favorite property:
“Update. That was one of the most violent setouts that I or the bailiff has ever seen. Dennis ended up lying to the cop the night before the setout telling him that he was already out. We showed up with our largest crew ever and worked with the bailiff and the enforcement officer for Delhi township. The bailiff did a good job keeping things from getting violent as borrower' brother was very upset and talked about guns and shooting people. Shockingly, they had young kids there. The bailiff had our crew move about one half of the garage into the driveway so that Dennis was no longer permitted access to the home. Dennis asked several times for access which I denied. Once the crap was in the driveway, the neighbors came out and started to complain because they were having people over for the holiday weekend. The enforcement officer for Delhi township agreed with the neighbors and asked us to have everything cleaned up for the weekend. One officer tells us to move it out, the other officer tells us to move it in, so we did both.
The bailiff agreed that it was going to get violent when he left so we placed everything in the driveway and then resecured the house with the bailiff doing the final walk through. We left Dennis to load all of the crap, and do mean it was crap.
When I came back the next morning about 75% of the crap was still in the driveway and it looked awful. We then moved all of that crap back inside the two car garage and resecured the property. We then cut the grass so that the neighbors understood that we were keeping our end of the promise.
Tuesday morning we took two more loads of miscellaneous crap to the dump. I imagine we have a couple more days of going to the dump to have the house cleared.
Cleanout bill is going to come in at $5300 and will be done by Saturday afternoon.”
There is moldy carpeting in the basement that will have to be removed, along with a couple feet of drywall up all the walls (too bad to leave for marketing). We have one verbal bid of $4850 for the removal/disposal and I’ve requested a second bid for the work.
We are making progress!
I don't understand what all of the drama is about. You paid Hamilton County the bailiff fee. It is the bailiff's responsibility to keep the peace during the lockout. This means by any means necessary. If the bailiff needs extra deputies to "keep the peace", then it is up to the bailiff to request additional deputies. It doesn't matter how inconvenient or time consuming the process is.
If one of the parties "threatened to shoot people", it is the responsibility of the bailiff to investigate the credibility of that threat and if the bailiff is not qualified to investigate, then it is his responsibility to call a deputy who is qualified.
I believe that it is the landlord's task to remove every single item from the residence and to place those items at the curb. As soon as the house is empty, the bailiff can do the walk through, deem the residence "clear", and then the locks can be changed.
The evicted has 24 hours to remove the items from the curb. Any items left at the curb after 24 hours is considered trash and the responsibility of the owner to dispose of.
The most expedient way to do this is to have a decent sized flatbed trailer at the location during the Set Out. When your crew removes the items from the residence, place the items onto the trailer. When the trailer is full, move the trailer to the curb and unload the trailer. Move the empty trailer back to the residence doorway and repeat until the residence is empty.
The bailiff may complain about the time needed. Too bad. You paid the fee. He can sit in his air conditioned car and visually monitor the evictee until the process is complete. Let him piss and moan. But don't give him permission to leave until the new locks are on the door.
The same day as the Set Out, have a roll off dropped off in the driveway.
Be prepared when the bailiff leaves and take several photos of the mess at the curb with the bailiff vehicle in the background and also take photos of the bailiff vehicle driving away, again with all of the mess at the curb in the background.
At the 24 hour and 1 minute mark, again photo and video (with time stamps), the items and condition of the mess left at the curb. Then throw all of the remaining items at the curb into the dumpster. Have the roll off picked up immediately afterward.
Unpleasant but very straight forward. Should you end up in small claims court because of the $3,000 antique desk/family heirloom that you "stole" or so callously threw away, you will have substantial evidence to dispute the claim.
FYI, Hamilton County Judges are not going to find for the evictee. When I moved here from SoCal three years ago, I was shocked by how quickly/easily it is to evict a tenant. And cheap.
I am puzzled by the $5k price for this job... If you paid 6 guys x 4 hours x $15/hour= $360 for the set out.
6 guys x 4 hours x $15/hour= $360 the next day to load dumpster
The dumpster would cost you $599 ( see below. Rumpke would probably give a better rate)
So $360+$360+$599 = $1,319
If the property manager charges $100 per hour, then add $800 for a total of $2,119.
Investor · Novato, CA · Member since 2015 · 432 posts · 321 votes
8y
yep, bought the note preforeclosure , tried to work it out. Owner in residence more than 20 years. Unwilling to meet in the middle. Had been living rent free for a long time.
He really worked hard to stay in possession. Convinced deputy to go away and reschedule lockout.
Investor · Novato, CA · Member since 2015 · 432 posts · 321 votes
8y
@DL Martin thanks for the fantastic layout. I've done a few of these but that was when i was a property manager and had control.
Remote is a different beast. This time i hired REO Nationwide to run the process. First time. So far they're professional. This has been a protracted moveout. The local REO agent may have gone above and beyond. A loaded gun was found in house.
Theyve been at this for months as tenant has found ways to delay. We were high bid in February!
I'm saving your response and forwarding to company.
Thanks for your insight.
Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
8y
Evictions and foreclosure lock outs are pretty similar in nature. My very first eviction was one of the toughest and frankly scariest situations I have seen in the business. The sheriff kept things under control but it was a pressure cooker for sure. There was a gun in the house and hoarding to a level that makes the properties you see on TV look good.
To answer other question, I bought the loan in preforeclosure. Borrower was 2 years behind. I completed foreclosure, awarded house at auction and then evicted.
The costs are so high because they've been at this for more than 2 months. Hoarder in possession more than 20 years. Debris boxes were the wrong answer. Should have brought in big truck. But tenant convinced bailiff that he just needed more time to move his possessions. Then didn't of course.
Don't have time today to take on a project in Ohio. I thought I would but lending business needs all my attention right now.
Investors in Cincinnati can message me for address. When agent has basement cleaned out and trash out, I will connect you to them.
