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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Foreclosure Auction - When do I OWN the property? receipt or deed? Posted by LarryG on December 13, 2009 at 2:32 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... JEFF: Do you suspect, as I do, that Rick in somehow connected with the selling of foreclosure training? Specifically, what would training have taught you here. You did everything you could. You can't throw the people in the house out or YOU would be in police trouble. You recorded your deed but if it was still occupied, still can't do anything. You are asking the correct question, "What can I do to get the legal system to protect me from getting my property stolen?" Unfortunately, the police are no help and all you're hearing here is "tough luck". Maybe an attorney could put pressure on the police or local prosecuter. What I have seen on this subject is that banks will often contact the owners still living in the property, offer a cash settlement ($500) to leave the property quickly and after they can inspect it (cash for keys?). I don't like to consider property that is not obviously vacant. Then I think you would be reasonably safe to change the locks ON THE DAY OF THE SALE and put a notice on the door that ownership has changed. Then, if the owner were to come back between then and the recording of the deed, you could negotiate something with them in terms of access to remove something. Even if they were to call the police, you can reasonable argue that you are the owner and took possession when the place was vacant. Good Luck. Follow Ups: I don't want to disappoint you, however... Rick, the Probate Guy 9:53 AM, 12/14/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : 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... : JEFF: Do you suspect, as I do, that Rick in somehow connected with the selling of foreclosure training? Specifically, what would training have taught you here. You did everything you could. You can't throw the people in the house out or YOU would be in police trouble. You recorded your deed but if it was still occupied, still can't do anything. You are asking the correct question, "What can I do to get the legal system to protect me from getting my property stolen?" Unfortunately, the police are no help and all you're hearing here is "tough luck". Maybe an attorney could put pressure on the police or local prosecuter. What I have seen on this subject is that banks will often contact the owners still living in the property, offer a cash settlement ($500) to leave the property quickly and after they can inspect it (cash for keys?). I don't like to consider property that is not obviously vacant. Then I think you would be reasonably safe to change the locks ON THE DAY OF THE SALE and put a notice on the door that ownership has changed. Then, if the owner were to come back between then and the recording of the deed, you could negotiate something with them in terms of access to remove something. Even if they were to call the police, you can reasonable argue that you are the owner and took possession when the place was vacant. Good Luck. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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