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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: First foreclosure with previous owners still occupying - advice requested. Posted by Paul on February 19, 2004 at 5:41 PM In Reply to: First foreclosure with previous owners still occupying - advice requested. posted by Wayne - Florida on February 18, 2004 at 9:45 AM This is a tough one that I have personnally experienced both bad and good. And I have found the answer to be "get to know what your previous owners are capable of" by meeting them and finding out their intentions. In every case I have found that they need money, and it takes money to move.. in California the eviction process costs at least $500 plus down time to remove them. I offer them the $500 to move by a certain date (3 days)and they take it MOST everytime. I have also had a "bad dude" smash all the windows out and the walls before he left via the sheriff. Beleive me this is not the way to go and you need to be sure you don't alienate them enough to do that kind of damage. Good Luck : I've purchased, rehabbed, and flipped a small number of foreclosures to date, and each have been vacated by the previous owners and/or tenants. : In Florida, we receive the certificate of sale at purchase, and then there is a 10 day wait for certificate of title. There is no right of redemption by the defendants allowed once the certificate of sale is issued. : At the point the certificate of title is issued, I now am let into possession of the property, and I can request (and it will be granted) a writ of possession effective immediately. This is handed to the county sherrif who serves the writ to the current occupants of the property, and typically they are given 24 hours to vacate. : I've not had to deal with this to date, but I am suspecting that I will on the property I just purchased. My question is for those with this experience. How do you typically handle this? Do you just flow with this process, serving the writ of possession, since the current occupants are well aware of the issues, and have been served with the judgment papers that state the 10 days from point of sale to vacate? Or do you send a certified letter to the occupants informing them of your purchase of the property and reinforcing the date that you will take possession and they must vacate, in an attempt to not have to go to the point of having the sherrif throw them out on their ear? Or do you follow some other procedure? : Taking the writ of possession approach is adversarial, but is served by a non-partisan, and a law enforcement official. Being adversarial, the occupants could be inclined to exert more damage to the property than it currently possesses, within those 24 hours, though the temptation may be lessened by the serving of notice by the sherrif. On the other hand, giving them longer notice directly from me, results in a less adversarial notification, but again could instill them to inflict more destruction on the property and have a greater length of time to be angered and inflict. : Any experience and advice? Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : This is a tough one that I have personnally experienced both bad and good. And I have found the answer to be "get to know what your previous owners are capable of" by meeting them and finding out their intentions. In every case I have found that they need money, and it takes money to move.. in California the eviction process costs at least $500 plus down time to remove them. I offer them the $500 to move by a certain date (3 days)and they take it MOST everytime. I have also had a "bad dude" smash all the windows out and the walls before he left via the sheriff. Beleive me this is not the way to go and you need to be sure you don't alienate them enough to do that kind of damage. Good Luck : : I've purchased, rehabbed, and flipped a small number of foreclosures to date, and each have been vacated by the previous owners and/or tenants. : : In Florida, we receive the certificate of sale at purchase, and then there is a 10 day wait for certificate of title. There is no right of redemption by the defendants allowed once the certificate of sale is issued. : : At the point the certificate of title is issued, I now am let into possession of the property, and I can request (and it will be granted) a writ of possession effective immediately. This is handed to the county sherrif who serves the writ to the current occupants of the property, and typically they are given 24 hours to vacate. : : I've not had to deal with this to date, but I am suspecting that I will on the property I just purchased. My question is for those with this experience. How do you typically handle this? Do you just flow with this process, serving the writ of possession, since the current occupants are well aware of the issues, and have been served with the judgment papers that state the 10 days from point of sale to vacate? Or do you send a certified letter to the occupants informing them of your purchase of the property and reinforcing the date that you will take possession and they must vacate, in an attempt to not have to go to the point of having the sherrif throw them out on their ear? Or do you follow some other procedure? : : Taking the writ of possession approach is adversarial, but is served by a non-partisan, and a law enforcement official. Being adversarial, the occupants could be inclined to exert more damage to the property than it currently possesses, within those 24 hours, though the temptation may be lessened by the serving of notice by the sherrif. On the other hand, giving them longer notice directly from me, results in a less adversarial notification, but again could instill them to inflict more destruction on the property and have a greater length of time to be angered and inflict. : : Any experience and advice? Optional Link URL: Link Title: Optional Image URL: [ 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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