All Forum Posts by: Teri B.

As a follow-up - wow, it's been 6 months already!  We ended up giving her $750 to relocate.  The circumstances inside the house were unsafe (my goodness, how they were living), and honestly, I was worried something was going to happen and she needed to go. 

It would have cost 650 to evict using a lawyer, but he also suggested I just go down and file myself for a few hundred bucks.  The whole process would have taken 2-3 weeks if I recall . .  but, I'm not quite sure that she's a legal resident and I was certain that she was working 'under the table' at a local restaurant.

All in all - I think she was out in 8 days.

I'm with @Roger Wilson on this one - it was an amazing (stressful) education and I'm so much wiser because of it.  I really appreciated all the guidance offered here.  Thanks.

@Account Closed Hopefully someone with experience can chime in, but I didn't involve an attorney because the contract is one-sided, and I'd read that other people had lawyers that warned them it was a bad idea, or declined to represent them.  

The closing took 2 to 3 times longer than 'normal', and it was frustrating.  There is still another unresolved issue, also.  A house would have to be a steal for me to try this again.

If I could do it over, however, I would have met with the attorney before closing so, at least, I knew my options and game plan before knocking on that door.

@Mindy Jensen  I'll do exactly that tonight - a sit down is a great idea.  Indiana is pretty 'hands off' (not like what I read from some people in places like Cali), but I'll verify that with the lawyer.  

 So (seriously) grateful for the advice!

@Kim Meredith Hampton I read through state laws and then what I could find on the county website. I am also picking up an eviction packet at the courthouse tomorrow.  I believe that I have to give 10 days (pay or quit) except in a few circumstances, one being no landlord tenant relationship existing.  None exists, so I think that's my path to a fast-lane.  The 3 day was mostly to apply pressure.  

@Spencer Stromberg We went in at $750 for the reasons you mention about cost overall  and maybe we do need to bump up a bit.  Burns my grits, but I know your perspective is spot on. Indiana has no laws offering tenant protection in these situations; still trying to ascertain any local regulations.  

I thought The Protecting Tenants at Foreclosure Act of 09 turned into the Dodd-Frank Wall Street Act, and that expired in December 2014?  I'll have to research that again.  I will heed that advice about the squatter label - had no idea that could have potential to go wrong.  That short term suggestion is nice, and I'll run it by the lawyer.

@Roger Wilson Yes, and I'll be prepared to move quicker if I'm ever in this situation again. As of yesterday, I am now very aware that (many) landlords are misunderstood and harshly judged.   Nice can get you taken advantage of.  

@Percy N. I was pondering something similar but my husband is hesitant to agitate her.  But, she also has control right now and I'm not liking it.  I may give that a try.  

Hello,

I could use some general advice if anyone feels moved to do so.  I'd greatly appreciate it.

Just closed on an occupied REO. Auction.com purchase.

Met occupant after closed.  She's only been there 3 months.  No lease.  Not paying rent.  Saw it was vacant, was in a bad spot (couldn't afford $800/mo where she was living), found out owner from neighbors, he allowed her to move in (it was already bank-owned by then).  Said he was going to sell it to her when she got her tax check.  Admitted to seeing legal notices and mail coming, but said she didn't read them and put them in the mailbox for 'someone' to pick them up.  Not sure she has ever met the foreclosed upon owner.

Offered $750 for keys.  That's rather generous in this area.  She didn't seem impressed.  Mentioned that she'd need deposit + first month's rent to get situated elsewhere.  (So, about $1500-1600 in this area).   Said she needs at least 2 weeks to find a place.  I suggested some income contingent apartment complexes.  She wants a 3 bedroom house in a certain school district.  Not gonna happen with her income.  I stayed at $750.

I have a consult with a lawyer tomorrow (should have done earlier, I know.  First time investor, here).  My last call to occupant last night was left open ended, because I wasn't sure what my bottom line should be?  I'm thinking about posting a 3 day notice to vacate on the door.  And, giving her a week from yesterday to get out, or else I evict.  Is that reasonable?

I read law on said topic, and I believe I have a no- wait eviction period, as we don't have a landlord-tenant relationship.  She seems closer to a squatter.

Any and all input welcome. 

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I think I need to decide if I want to be extorted, what her leaving fast is worth to me vs dragging out, and her cleaning out a house full of crap and not damaging the home.  I am picking up an eviction packet at courthouse after work.

So, the sole upside is that I've spent all morning scouring the internet working with the info that @Wayne Brooks shared, so I'm not in a position of (total) ignorance again.  

My error was not understanding the entire chain of events  - in this case, it was the date of deed transfer that mattered in the scheme of these particular liens and my hopes the bank would act on them (except maybe the one that pre-dates the original foreclosure filing - not sure about that one).  Anyways, dang it!  

It is AMAZING how easy some (not all) of these case/filing summaries are to find when you know where to look.   

I saw the whole, messy chain of this crap.  He filed bankruptcy but it was ultimately dismissed because he didn't provide the appropriate documents.   They had even issued a body attachment at one point for a lien.  

@Rick H. That is some darn good info.  Thanks. In this case, Indiana is 10 years so I'd still have some ways to go and I hope to be in a warmer climate by then.  But, I'll surely stick that feather in my cap for next time.  I wish there was a way to negotiate down the non-state stuff, but why would they?

@Wayne Brooks

I greatly appreciate your reply.  That is the conclusion I was coming to, so glad to have that confirmed.  

Local paper search shows homeowner filing Ch #13 in Jan 2015.  I'm thinking this won't help me either as special circumstances required for discharging liens generally, but just thought I'd mention.  He seemed to have about $10,000 in debt beyond what was owed on the property.

So, will I just need to pay all these debts at closing to get a SWD?  Or, it just leaves the title clouded (and I have to 'quiet' it before doing whatever I'm going to do with it)?

Thank you.

Hmm.  Paid records search shows Feb 19, the bank filed suit to vacate sheriffs sale and set aside sheriff's deed.Paperwork shows the home was transferred back to (foreclosed upon person) and the bank paid the legal fees.

I don't at all understand why they would sue to transfer title back.  Then, 7 months later take title possession through Sheriff's deed.

Hello. 

 I'll soon be figuring this out for sure, as our auction bid (wasn't reserve price) was accepted.  Contract says title will be insurable, and bank not required to satisfy liens. I'll be paying for a Special Warranty Deed myself.

Has anyone ever seen liens sort of sandwiched between foreclosure proceedings like this?  I'm wondering if any of this gets wiped out because of the timeline.  

From title report.....

1. Bankruptcy (no date given, not sure how it fits in timeline)

2. Judgement (local company) $600, 7/12/2012

3. Complaint for Foreclosure, 8/15/2012

4. Default Judgement of Foreclosure, 10/30/2012

5.  Judgement ($400)cash advance place), 12/27/2012   

6. Court minutes dismissing the case recorded on 6/27/2013

7. Notice of Motion and Opportunity to Object Recorded on 7/1/2013

8. Tax Lien $1600, 9/8/2014

9. Tax Lien $900, 11/1/2015

10. Mechanics Lien, $500, 1/5/2016

11. Sheriff's Deed Recorded on 2/1/2016

12. Order on Motion to Vacate Sheriff's sale and set aside Sheriff's deed recorded on 2/22/16

13.  Order for Writ of Assistance Recorded on 8/16/2016

14. Writ of Assistance Recorded on 8/16/2016

15.  Bank recorded on deed 9/1/2016

House is still occupied.  Not sure by whom yet.  Owner seems to have some criminal history.

Thank you for any thoughts you may offer about what may be satisfied by bank/cleared by proceedings.