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Re: Foreclosure Auction - When do I OWN the property? receipt or deed?

Posted by JK (the other JK) on December 12, 2009 at 8:13 PM

In Reply to: Foreclosure Auction - When do I OWN the property? receipt or deed? posted by Jeff Osborne on December 12, 2009 at 9:24 AM

: We found a home we purchased at trustee sale STRIPPED yesterday. It was in perfect condition just 3 weeks ago when we purchased. Local police are claiming it is a "civil matter" and they refuse to write a report. What do we do!?

: We purchased a home at the trustee sale on the 16th of November. We recorded our Trustee's Deed on the 23rd of November. Former owners were and are still living in property, the home was in perfect condition even one of our employees entered the home and saw it. The 10th of December we find the property stripped, appliances, A/C, furnace, front door, sinks, carpet, shutters, RAIN GUTTERS and more.... The former owner admits to it all. Neighbors saw the whole thing. We call police to come out. They are not home so he says he can't just enter premise. We call later to talk to "Watch Commander" , he claims this is a civil matter that is between a landlord and tenant. A regular officer even calls the lady and tells her that everything that was removed BEFORE the 23rd she can keep and everything after she has to return. He tells her what the neighbor saw her take (after 23rd), such as 2 toilets and 3 sinks. She says ok, I will return those items, the rest are mine. So here we are, its saturday, no D.A. to call to give legal opinion but the local police are practicing their own law and claiming they need not do a thing.

: First, what do we do at this point? we just want immediate action and have them start to recover the stolen property, start a police report etc.

: Second we want understanding of the law so that in the future we understand how to handle a situation like this...

: When we pay hundreds of thousands in cash at the trustee sale, and just receive a yellow paper that is our receipt. Can they start stripping the house now? can we do anything about it?

: We receive our deed in the mail 7-14 days after. We record this immediately. We are on record as the new owners. Can they just stop stripping and we have no recourse? Is anything stolen from here on out a crime?

: Please help...

Stripping a house (even before foreclosure) is definitely illegal. Sad the authorities are too lazy to get involved. I'm assuming you were unsuccessful with a cash for keys offer. At this point, initiate the eviction and hire someone to do security / surveillance on the property.


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