Be careful of taking excess proceeds from a cash out refinance.

So I hired an attorney because this is my first eviction and the timing was all wrong, the attorney left the US for 2 weeks and the court hearing was yesterday, took 4 hours because the city systems were all malfunctioning and Magistrate wasn't able to see our paperwork.

Assuming the tenants cooperate with the sale, we are contemplating selling the property at $389,000 to see if we get our number, then using the proceeds for an Air BNB property out of sate or...holding on to the property, obtaining new tenants and eventually do a cash out re-fi or line of credit to purchase another home.

Now this is during covid and LLC owner is foreign and has no way to appear in court crossing boarders also was not notified.. 

No matter what option you decide to proceed with, I would recommend keeping an eye on the estimated value of your home and refinancing once you think you are close to 80% LTV.

Can I declare it void in small claim court and ask for my rent money back because I’m not comfortable continuing the lease when their is no transparency from owners side?

That 10% took 11 years in court ordered receivership. 

Does anyone have any ideas as to how we should proceed?

. :-)Maybe a probate specialist will step in here but I ASSUME if the obvious heirs can’t afford probate the courts will still run the probate system somehow, sell the house and give them the remainder after all debtors re paid off?

What entices them to give up net equity is the problem of owning the house going forward is greater than the need to maximize their proceeds.