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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Gaining possession of property after the foreclosure sale. Posted by Ward-CA- on May 15, 2002 at 10:08 AM In Reply to: entering premises posted by Jason on May 13, 2002 at 10:43 AM : Ward; : Attended one of your seminars. You mentioned your technique for dealing with owners who lost their homes at trustee sale, eg, making them feel comfortable with you; letting them know you had nothing to do with them losing their house; giving them a week or so to move out. But what about the owner and/or tenant who is seldom if ever there? Through the windows one can see a house full of furniture, but no one is ever there.They may or may not be working oil rigs out of state. My questions: 1) what is the best way to legally enter the premises without getting shot (if they happen to be home and are armed or, if there happens to be an active alarm system that sends police and helicopters to the house the moment your locksmith opens the door? : 2) If they are working out of state as the reason for never being home, do you put their furniture in storage or can you sell it? : Jason =•=•=•=•=•=•=•=•=•=•= Jason, Call the local utility company to find out if the gas and electric have been turned off. If so, go out there with the intent to gain access to take photos of and make an inventory of any and all personal property left in and around the premises. With the utilities turned off you can reasonably declare that the occupants have abandoned possession of the premises If you haven’t done it yet, assemble a “TakeOver Kit” and take it along with you. It should contain a clip board, pens, lined paper, carbon paper, scotch tape, a few paper clips, a small flashlight, a small tape measure, a pocket calendar and some business cards. In addition, have a supply of the 3 Day and 30 Day Notices to Vacate Due to Foreclosure along with a copy of your recorded Trustee’s Deed (in case some cops come nosing around). Make up some half page notices that read, “For information concerning this property contact Joe Blow, Trustee at 619/123-4567”. Tape these to the inside of a window nearest the front and rear doors if the opportunity presents itself. When you get to the property take your clip board, notices and cards and knock on the front door with the palm of your hand while at the same time, in a loud voice inquire if anyone is at home. If you get no response from the interior then circle the outside of the house to see if there’s an open door or window allowing you access to the interior. If so, go right in. In not call your local locksmith to come over and pick one of the door locks. Go from room to room. Take a photo of the room’s contents and then inventory all the personal property in each room. Then, pursuant to California Civil Code Section 1988, send to the owner, at their last known address, a 15 day Notice of Right to Reclaim Abandoned Personal Property. There are two versions of the notice. One is for personal property left behind that’s worth less than $300 and the other is for instances where said value is more than $300 dollars. At the end of 18 days you can then auction off the personal property and give the surplus funds, after deducting your costs therefrom, to the County. In the meantime I would move and store all the house contents at a different location in order to start the unfettered rehabbing and repairing that’s going to be involved prior to resale. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Ward; : : Attended one of your seminars. You mentioned your technique for dealing with owners who lost their homes at trustee sale, eg, making them feel comfortable with you; letting them know you had nothing to do with them losing their house; giving them a week or so to move out. But what about the owner and/or tenant who is seldom if ever there? Through the windows one can see a house full of furniture, but no one is ever there.They may or may not be working oil rigs out of state. My questions: 1) what is the best way to legally enter the premises without getting shot (if they happen to be home and are armed or, if there happens to be an active alarm system that sends police and helicopters to the house the moment your locksmith opens the door? : : 2) If they are working out of state as the reason for never being home, do you put their furniture in storage or can you sell it? : : Jason : =•=•=•=•=•=•=•=•=•=•= : Jason, : Call the local utility company to find out if the gas and electric have been turned off. If so, go out there with the intent to gain access to take photos of and make an inventory of any and all personal property left in and around the premises. With the utilities turned off you can reasonably declare that the occupants have abandoned possession of the premises : If you haven’t done it yet, assemble a “TakeOver Kit” and take it along with you. It should contain a clip board, pens, lined paper, carbon paper, scotch tape, a few paper clips, a small flashlight, a small tape measure, a pocket calendar and some business cards. In addition, have a supply of the 3 Day and 30 Day Notices to Vacate Due to Foreclosure along with a copy of your recorded Trustee’s Deed (in case some cops come nosing around). : Make up some half page notices that read, “For information concerning this property contact Joe Blow, Trustee at 619/123-4567”. Tape these to the inside of a window nearest the front and rear doors if the opportunity presents itself. : When you get to the property take your clip board, notices and cards and knock on the front door with the palm of your hand while at the same time, in a loud voice inquire if anyone is at home. If you get no response from the interior then circle the outside of the house to see if there’s an open door or window allowing you access to the interior. If so, go right in. In not call your local locksmith to come over and pick one of the door locks. : Go from room to room. Take a photo of the room’s contents and then inventory all the personal property in each room. : Then, pursuant to California Civil Code Section 1988, send to the owner, at their last known address, a 15 day Notice of Right to Reclaim Abandoned Personal Property. There are two versions of the notice. One is for personal property left behind that’s worth less than $300 and the other is for instances where said value is more than $300 dollars. At the end of 18 days you can then auction off the personal property and give the surplus funds, after deducting your costs therefrom, to the County. : In the meantime I would move and store all the house contents at a different location in order to start the unfettered rehabbing and repairing that’s going to be involved prior to resale. : : Hope this helps. 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