All Forum Posts by: Paula Hernandez

Great advice on the "here's what you should have done" but now let's help out on the current situation....

Are you sure she hasn't moved out? 

Great first step that you took by offering to help with moving. Maybe offer cash for keys? Sucks, but it's fast and less expensive than getting an eviction started.

I was in this situation before where a previous owner did NOT have a post close stay in the contract but the extended family decided they weren't moving out. I called the police, they showed up and told me it's considered trespassing. They told me they can arrest them now if I wanted. I told the officers I didn't want to do that and I gave them adequate time to move out. 

First try offer cash for keys, if you can't get that to work then get the attorney involved.  

"Big Mistake!" Don't beat yourself up about it. Follow Chris's advice and move on. I'm sure you'll learn from this.

Good luck!
 

In our area there is a from you can sign called occupancy after closing. It states the amount charged, how long they are there, etc. If they default then you'd evict. In the future be very detailed and don't close until they are out or have a holdback/paperwork

Hey @Paula Hernandez, 

Did you have a rent back or post-possession agreement signed before closing? 

If you had it would be beneficial because you can enforce it with an attorney and go for penalties and damages. 

I will dm you! 

Who was helping you with this sale? Did you have a real estate agent and did you buy this on the market? Did you use an attorney to close? There a million ways that this should not have closed with the owner still there. Someone or multiple people let you down during this process unless you bought it direct from a wholesaler or seller off-market, then you should have known this would happen.

You may be able to go direct to the sheriff as this is not an eviction because she is not a tenant and you own the house.

@Jorge Vazquez

I would never pay someone to do something they were supposed to do in the first place.

I would hire an attorney and pursue that avenue, sue for losses if you wish.

School of hard knocks

This is a very creative strategy that has worked for me: If nothing works, offer this!!!!  If she moves out quickly, offer her a profit-sharing agreement of 5% or less on top of your goal profit when the property sells. This will give them the illusion that they will benefit from leaving and will cooperate with selling the property. In the end, if you do the math right and you are putting it on top, it would be better than losing time and potential money to interest payments if you have a loan. 

 Sorry but that's another mistake, it should have been worded, not out within say 2 days of closing, the money is sent to me

Good luck 

@Paula Hernandez

Get an attorney and file for eviction.

For future, never close on a property and allow the individual to remain in the property

I won’t close unless I do an inspection and house is in condition per the offer.

Sorry to hear about this