All Forum Posts by: Matt Sicignano

Obviously you haven't looked at the NJ statute I referred to above. To sum it up, and to prevent any incorrect information from being passed along, NJ says that before shut-off or delinquencies that affect service can occur, they must do a good faith effort to determine whether a tenant/ landlord relationship exists on the property, and notify owner. It also says that, to paraphrase, a new tenant can not be back charged for service that was not in their name in order to get service, and that utility bills stay with the person, not the property. It then follows that if the service was not in your name, you are not responsible for payment

Because of errors by the utility company, specifically notifications, it looks like you are off the hook. Reference NJAC 14:3-3A.6 from the NJ Dept of Consumer Affairs. It also says the continuation of service to a tenant shall not be conditioned on payment by the tenant of any outstanding bills due on the account of any other person.

Wow-I've done that before, but never to the tune of $1500! First, I can't believe they let it go that far without disconnecting or notifying you. I'm assuming that you had the service in your name and the tenants responsibility to pay in the lease? If so, then your only alternative is small claims court to get a judgement. You could try to negotiate a settlement or a payment plan with the utility, if that would help with cash flow, otherwise you'll be the only one with a collection!

I recently did an eviction in Cobb County-exactly as stated, and personally moved the items out, along with (actually only 2) friends. It was a 2 bedroom condo so the Sheriff  was not a stickler. I specifically said Cobb County because that's what happens there.  You have possession of the property (that's what the "writ of possession" is) . Why would the Sheriff allow a private company access to the property and not the owner? Doesn't make sense. They are not sanctioned by the Sheriff or the courts.  You are correct about the "expediency" part though, except its for the Sheriffs time-not yours.  He's not going to wait around while one guy sorts through the stuff all day. You can certainly hire a company to do that for you, much like you can hire someone to do anything for you. 

In Cobb County there is a 4 man crew needed-it doesn't have to be professional. The reason is not so much the law issue as it is a time issue for the Sheriffs department. The Sheriff in the jurisdiction will enter the unit, give the occupants about 10-15 minutes to gather anything they can in that period, then escort them from the property. The owner in possession will then be allowed to enter the property, remove any items that don't belong to him (or her) and change the locks. In Georgia you must place the items somewhere on the property in plain sight, then you are done with it.The Sheriff will then hang around to make sure the occupants don't come back and create a scene. If one guy is there, he could be there for hours; four people , he's gone quickly.  

Yes, absolutely. That's why if you don't escrow funds for taxes the mortgage company will step in and pay them, billing you. What do you mean by "per rule'? Where did you get the 200K figure on the 100K value? And 20% return on your invested capitol isn't bad these days; in fact, its great! If you could find properties that will net at least 10% after a foreclosure sale, you'd have a nice investment model. 

@Roy Oliphant

That makes sense-it may be in a blighted area or need intensive rehab work, which if I take your advice, means you should be able to put eyes on the property before making a move, right?

It does seem like its too good to be true. What's the catch?  Since tax liens take precedence over all other liens, it seems it would have to be a mortgage free property to even get that far. And, if it's mortgage free, why would an owner not take some equity out to pay the taxes? 

Different counties in Georgia call it different things, but the outcome, as you have said, is the same due to the restrictions inherent in the instrument. Whether its a "tax deed" or a "tax lien" you have no ownership in the property until you convert. That's what "until the right of redemption has been foreclosed or the title has been ripened by prescription, a tax deed has the same force and effect as a lien" means. 

 Jacob, it already sounds like you're one of the most knowledgeable ones on here!  Good luck!