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Foreclosure Forum |
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Re: Eviction of Previous OwnersIn Reply to: Eviction of Previous Owners posted by Belinda on October 23, 2001 at 7:14 PM : I bought a house located in South Pasadena, California, from a Trustee Sale. I need the previous owners evicted! I received the Trustee's Deed and promptly had it recorded at the LA County Recorder's Office. It's been 2 weeks and the previous owner's are still there! I'm about to serve them with a "3 Day Notice To Quit." I think I might need a lawyer. Any thoughts/ suggestions? anyone? =•=•=•=•=•=•=•=•=•=•=•= Belinda, I don’t think you realize that it’s up to you to acquire possession of the premises. Usually, a new owner-by-foreclosure will record their trustee’s deed and then prepare their “Three Day Notice To Vacate (Due to Foreclosure)” notice and serve it on the ex-owners personally at the house. This is a task that’s best done more sensitively and expeditiously by you, rather than having some legal firm serving them impersonally, from afar, with eviction papers. Most of the time the ex-owners won’t know that the house was sold, because there’s no provision in any foreclosure procedure anywhere in the U.S. that the processor of the foreclosure sale is to give the sale results to anyone!! So go out, hat in hand, and introduce yourself to the holdover owners and tell them at the front door that perhaps, unbeknownst to them, the house was sold at the trustee’s sale on such and such date and that you’re the new owner and that now both of you need to talk about the post-sale turnover of the premises. Give them your business card and ask if you can join them inside for a few minutes. Once inside tell them that it’s important, for your peace of mind, that they acknowledge that you had nothing to do with the foreclosure; that all you did was show up at the sale, and bid. And once the dust settled, you discovered you were the new owner. Then tell them that furthermore, the state code requires you to give them formal notice to vacate (whilst you simultaneously hand him or her the notice). At this point I indicate that I’d be willing to extend them more time to move—to a week from the upcoming Sunday, at 4:00 PM, if they would agree to leave the place “broom clean”. I take pictures of the front of the house, the interiors of the house and the exterior rear of the house, explaining that I’m doing it at the behest of the insurance company that has issued the new insurance policy on the property. Belinda, by following the above approach, right from the very start, I have never had even one instance of vandalism done to any of the hundreds of foreclosures I have bought, in the entire 19 years I’ve been in the business. I wish you the same success.
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