All Forum Posts by: Kurt H.

I have a couple renting a place in a transitional neighborhood.  Due to Covid they paid half rent for three months and deferred the other half so there is ~$1100 in backrent they've been making $50/mo payments towards. I was just informed the girl is moving out and the guy wants to know how to take her off the lease.  They've been good tenants but I'm concerned about his ability to pay the full rent considering they've seem to be stretching to pay it every month as it is.  Do I ask both to move out and deal with the flip or see how it goes?  They are month to month at the moment.

I recently bought a property in Charlotte, NC with a Section 8 tenant that is currently on a month to month lease agreement.  I have a couple questions that I can't seem to get answers for.

1) Since I would need to sign a new HAP contract with the housing authority, should I not be able to request the market rate for rent for similar units instead of being limited to the 10% increase that the Section 8 housing authority sets?

2) Can I request the HAP contract to be a lease term of 1 month so the lease remains month to month since, per HUD guidelines, its in the best interest of the tenant to find housing?

Any help would be appreciated!

I recently bought a foreclosure that has a tenant in it.  The tenant won't provide a copy of the lease.  This is in Charlotte, NC.  Do I process the eviction via special proceedings or through the Tenant Eviction process.  Any other details I should know/look out for in this situation?

I am looking to bid on a foreclosure (upset bid after sale) and I got a title search done that showed a Contract Memorandum between the owner and a Property company (assuming its for a sale) that was filed after the initial foreclosure sale at the court house.  Is this contract memorandum null and void since the property was already sold at auction?

I have a property that I am interested in that has been foreclosed on the second lien.  The first lien has been on the property for ~25 years and is likely nearing payoff (assuming my amortization assumptions are correct).  The second lien is smaller, partially paid, but is already covered by the current price of the home at auction.

My questions are:

1) Are the leftover funs from the Junior Lien sale required to be paid towards the senior lien?

2) Can the senior lien holder refuse the "leftover" payment from the sale?

3) If an outstanding balance is remaining on the senior lien after a "leftover payment" from the junior lien, what are the steps to contacting and paying off the senior lien once I purchase the property at auction?  

4) Is it even a good idea to purchase properties in this situation?

Thanks in advance

I got my answer.  Maybe this info can help someone in the future:

1 - Give notice to vacate the property on Day 1

2 - Wait 10 days then file the Order of Possession paperwork (packet from Special Proceedings Desk)

3 - It took Special Proceedings 28 days to process this paperwork

4 - Once approved, pay the fee ($25 for order, $30 per person you are kicking out)

5 - 1-2 weeks for Sheriff to remove the occupant.

Total - 45-52 days to process an Order of Possession after a foreclosure sale.

Thanks for the reply.  My questions was more specifically for a foreclosure eviction where there is no lease in place.  The Special Proceedings department has to "Audit" the paperwork you submit before approving the Order of Possession to send to the Sheriff.  How long does their Audit usually take?

I recently filed the paperwork for an Order of Possession against an occupant in a recently purchased foreclosed home in Charlotte, NC.  Can anyone tell me the typical time it take for the Court to process the paperwork and issue the Order to the Sheriff?  Thanks in advance.

Thanks for the help, I went down this morning, pulled it and submitted with my paperwork. 

Any idea how long it usually takes for the Special Proceedings group to review/approve the paperwork and issue the Order to the Sheriff?

Hi,

I recently bought a home in foreclosure and am trying to process an Order of Possession to remove the current occupants.  The paperwork requires the "Report of Foreclosure Sale/Resale" to be included.  Can anyone in the Charlotte area tell me where to get this?  Is this just the final bid form in the foreclosure file or is it something the selling attorney needs to file after the house has been paid for?  Thanks