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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] not sure what's going on here? Posted by Kristine-CA on December 14, 2009 at 4:39 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 Jeff: I'm not sure why no one has answered your question about perfecting ownership. If you record your deed within the 15 days, your ownership is perfected back to the day of trustee's sale. That's in the codes and there is case law that test this as people have attempted to to file BK after the sale date. As the to the criminal versus civil matter: I'm not a trustee's sale buyer but have taken over dozens of non-paying and squatting holdover "tenants." Pretty much anyone standing on the property saying they have a right to be there and who will not back down becomes a tenant in the eyes of law enforcement. The police really have no choice as they cannot intrepret ownership docs nor lease docs nor possession rights. Nor should they! There is no way that law enforcement can determine what is fixed to the real property and what is personal property. It's just your word. It's a little clearer if you have a vacant house and someone wearing a ski mask is seen going in and leaving with a TV. You got more help from the police than I've gotten in 10 years on this issue. As to your question regarding borrowers wasting the property pre-trustee's sale: Again, a civil matter between lender and borrower. Borrower is in default of deed of trust and probably a contract as well if they waste the property. But the lender would have to go after the borrowers post sale. So there you have it. You have nothing but your smarts, speed and skill when it comes to preserving the property. And even then, you'll run into problems that can't be prevented. You didn't mention where you were in the eviction process and/or cash for keys when this all took place. But just think what a 3K or 5K settlement to get them out in 3 days (with supervision) might have saved you. No one likes to hear this because it's the principal of thing, yadayadaya, but real cash for keys works. : 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... Follow Ups: Re: not sure what's going on here? Jeff 8:31 AM, 12/15/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Jeff: I'm not sure why no one has answered your question about perfecting ownership. If you record your deed within the 15 days, your ownership is perfected back to the day of trustee's sale. That's in the codes and there is case law that test this as people have attempted to to file BK after the sale date. : As the to the criminal versus civil matter: I'm not a trustee's sale buyer but have taken over dozens of non-paying and squatting holdover "tenants." Pretty much anyone standing on the property saying they have a right to be there and who will not back down becomes a tenant in the eyes of law enforcement. The police really have no choice as they cannot intrepret ownership docs nor lease docs nor possession rights. Nor should they! There is no way that law enforcement can determine what is fixed to the real property and what is personal property. It's just your word. It's a little clearer if you have a vacant house and someone wearing a ski mask is seen going in and leaving with a TV. : You got more help from the police than I've gotten in 10 years on this issue. : As to your question regarding borrowers wasting the property pre-trustee's sale: Again, a civil matter between lender and borrower. Borrower is in default of deed of trust and probably a contract as well if they waste the property. But the lender would have to go after the borrowers post sale. : So there you have it. You have nothing but your smarts, speed and skill when it comes to preserving the property. And even then, you'll run into problems that can't be prevented. : You didn't mention where you were in the eviction process and/or cash for keys when this all took place. But just think what a 3K or 5K settlement to get them out in 3 days (with supervision) might have saved you. No one likes to hear this because it's the principal of thing, yadayadaya, but real cash for keys works. : : 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... [ 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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