Originally posted by @Steve Hodgdon:
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.
Maybe I missed something...
DL
40 Yard Dumpster
12x
Holds ~ Twelve Pickup Truck Loads
Household Debris
10000 lbs weight limit
$599.00 flat rate!
terms Construction Debris
20000 lbs weight limit
$599.00 flat rate!
