How do I get the seller to move out of my house?

Question

I bought a house through a short sale with the previous owners still in the house. They were in foreclosure and the house was weeks away from being set for Sheriff's Sale. The previous owners will not get out of the house. I filed the evicition and had a hearing. They are scheduled to be out of the house by 12/27. The Writ was filed. They are still trying to find a way to rent the house from me. It has been over 45 days since I closed, no money coming in, no contract signed, will not return my calls to make arragements for utilities and there is no sign of them packing. What happens when 12/27 comes and they are still in MY house!? What are MY rights?

Answer 1

have them arrested for trespassing.

Answer 2

NO NO NO NO...... Everyone here is wrong!

See this is why you should stay away from Foreclosures. And ill tell you why. I am a seasoned Real Estate Investor, and amatures are getting involved in Foreclosures usually get involved way over their head. Believe it or not the previous owners still have more rights than you! The profits from foreclosure investing can be huge. That makes foreclosures attractive. There is an awful lot to know in order to avoid the problems that can occur. If you don't know what you are doing, one disastrous foreclosure investment can wipe out your capital lawsuits are slow and cumbersome) and provide limited visibility.

At this point, you have become a creditor of the bankruptcy estate. Is this really what you planned when you bought the "great pre-foreclosure deal"?

In Most states Even after your eviction notice, it still could take weeks to months after you file to get them out. If i were you, because this was a foreclosure with the previous owners in it, i would purchase title insurance, they may try to trash your place before you move in. ALSO, you may find that the former owner files a lawsuit to attempt to overturn the sale, hire a lawyer immediately.

Going to a sheriff or listening to these people on yahoo answers, or the local authorities, will DO nothing. They know nothing of Real Estate Law. This could get ugly fast, so hire a Real Estate Attorney Immediately

Answer 3

Call your local Police or Sheriff & make arrangements with them to meet you at the property address on or after the specified date & time of the eviction. Since they are ususally set for a midnight deadline, then you must wait until an Officer can go on the call & assist you & they usually prefer to go in the morning or afternoon when people are awake. Take a new set of locks for each door & have a helper or two to assist you in removi g the old locks & putting in the new ones. You will also need copies of the eviction notices to give to the Officer, the tenants, post one on each inside window next to the door or on the front of the door & let the Officer do the rest. They will instruct the tenants to step outside & if they refuse to do so, the Officers can apply verbal warnings & an arrest will be made if the tenants do not follow their orders. They will try to strike up a deal with you & this will be your moment to make or break your eviction terms. You can insist on them leaving immediately with only the clothes on their back & then you must store their belonging according to your local laws or you can give them one hour or one day or one week to clear out their belongings until you re-call the Officers to enforce an arrest if they go back on their word again. The Officers will be specific & they will make sure the tenants understand the terms. You should be prepared for the worst, because these people will most like beg you & cry for your understanding because they still consider the house to be theirs. You must get them out ASAP BEFORE they wreck what is left of the house. As far as I know, since the house is now yours & they are there illegally, the utilities are their responsibility & you are not obligated to pay to have the service turned on until you choose to do so. If you have not even done an inspection on the interior, then I would think it would be unwise to have power turned on without seeing the wiring & other potential problems that could cause a fire in YOUR house! I once bought a house like this & it took the fire department to get the people out bt red tagging the house as a condemned property due to all the rubbish that created an eyesore & a fire hazard. After the tenants left, my husband & I had 72 hours to clean it up or loose it. We turned things around, but it was a close one. We learned the meaning of "sweat equity"! Good luck. You may have to play hardball, but they are the ones who decided to stay & now they must face the consequences of their decision. They know what is about to happen & they are just being ignorant about it.

Answer 4

I don't know what state you are in, but you can check with your attorney. In NY state on the 27th when they don't leave you call your attorney that you filed the eviction with on the mornin of the 28th (they have until midnight and your attorney is probably closed then) They then call the city marshall and schedule a lock out. Usually within 48 hours the marshall will serve them with a 72 hour notice to vacate. Then the day after the 72 hours is up you will contact your attorney to let them know if the people are still there. If they are then the marshall will go back with you there. He will escort them off of the property with what they can carry while you change all of the locks. You then have to hold their things for 30 days, after that you can have a bonfire in the backyard with their belongings.
Hope this helps you, check to see if it is the same for where you live. It is what I do everyday in western NY though.

Answer 5

Call Legal Aid and ask if they can help you. If not, ask them who you should contact or what you should do. If that doesn't help, contact the local Board of Realtors or the bank/mortgage co. that holds the loan and see if they can give you any info. I would also consider contacting Fair Housing. They have helped me many times. They often give free advice over the phone. They also have a website. Do you know a Realtor or a Real Estate Agent? If so, call them. If all else fails, look for an atty in the yellow pages (look for a specialist in real estate).

You do have rights, you just need to get to the person or agency that can tell you what your rights are and how to go about using/getting them

Fair Housing is good.

Good luck!

Answer 6

not sure if its the same in seppoland but if the writ was filed and the've been handed an eviction notice theres not much you can do,but the authorities can on 27/12.if you can prove your the owner of the house you should be able to get the services turned off and reconnected in your name when you move in.i dont understand why theres no contract though that makes no sense.have you been payed in full?if not that changes the whole issue.
theres other ways but not good to put here.

Answer 7

You haven't painted a complete picture of what has happened. You say they are scheduled to be out on 12/27, but that you closed 45 days ago.

If you had a short term rent-back agreement with the sellers, be wary. A lot of states have very lenient laws when it comes to renters, and make it very tough for landlords to evict tenants.

Now you say you closed 45 days ago, but you are unclear as to why you did not take posession on that date.

It's probably time to call in a lawyer. Just be forewarned that there could be many more tenant's rights than owner's rights.

If you thought you were being nice by letting them rent back for a little while, remember, no good deed goes unpunished.

Good luck.

Answer 8

I think it's completely fine to kick 'em out at Christmastime. It's a gift--they get a new house! On the 27th, just call the police and they'll do the rest. Cut off the power and water, the phone, the TV. But make sure you have the deed. Notify them what will happen if they don't move out. But the least you could do was tell them you're sorry you had to do this but it's your house.

Answer 9

Sad to say I would contact a lawyer and get professional help. A lawyer can review any paper work and arrange for the sheriff to evict the people if needed. My sister had to do this and it did cost her money but some people will not move until they are booted out.
Also, hire a crew to set their belongings out at the curb, if needed, and don't forget to change all the locks ASAP. Very important: Keep a detailed log of your efforts and be prepared if these guys go to the media to gain sympathy. Good Luck.

Answer 10

it relatively is something it relatively is legally, no longer interior the contract and it quite is a huge, huge discomfort whilst a broking leaves it a large number. the subsequent time you purchase a house, stipulate interior the contract that "all debris, fixtures and trash must be bumped off and the residing house must be 'broom clean'" In different words, they shouldn't ought to bathe the residing house windows or clean out the cabinets, yet you ought to no longer ought to clean each and every thing out on actual of it. people basically assume that whilst they purchase a house, it is going to be wiped clean out, yet technically, the contract does not say it must be. playstation : persons, the purpose of the walk by way of is to verify for DAMAGES, no longer cleanliness, and you may no longer legally refuse to close through fact of it or you would be in breech. in case you elect the region clean, once you're making the grant, stipulate it interior the contract. for this reason whilst a customer purchases a foreclosure, lenders require indoors photos of the residing house...b/c those are those maximum in many circumstances trashed. A customer can kick, scream, make threats, yet on the tip of the day, what's interior the contract is what rules, and you will no longer study a unmarried line in a commonplace contract that the valuables must be clean and all debris/rubbish bumped off.

Answer 11

If they are supposed to be out of the house by a certain date, they will because you have the right to get the police to come in and throw them out.

If that doesn't happen, time to get a lawyer involved to see if you got a legal recourse. Do you have the deed of the house? If you paid money to close the deal? If you did, then you can sue.