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What is the best way of going about kicking out the old owner if you bought a house through an auction?
So I guess you can guess but I ended up buying the house I had questions about, and now I need to figure out how to get the old owner out? Im assuming Eviction process, but that can take some time, I am the legal owner of the property now can't I just call the cops?

jameshogg · Posted: Mon Nov 03, 2008 9:44 pm Post subject:

Hi johnjon!

In my opinion, you can first give the old owner a 3 day notice and ask him/her to leave the house. You can mention in the notice that if within 3 days they don't leave the house, you will call the police. If the old owner does not leave the house within 3 days, then you can call the police. I think this will help you.

Thanks.

Guest

after reading upon this more its complicated to me at least Im going to try to bribe the owner cash for keys type deal
but still going to consult with a lawyer also

jameshogg · Posted: Tue Nov 04, 2008 1:06 am Post subject:

Hi johnjon!

Its good that you will be consulting the lawyer. He will help you with the eviction process.

Thanks.

elnoralittle · Posted: Tue Nov 04, 2008 8:56 am Post subject:

I don't understand how you bought the house with the owner still in it?

Normally, for squatters, you must provide 30 day notice. After the 30days, the eviction process starts. Atleast that is my understanding of it in Maryland. Each state has it's own eviction laws.

I would stop into your local sheriff's office and ask them if they can stop by to notify the previous owner to vacate the property. They are trespassing and you have a right to have them leave.

gmakerley · Posted: Tue Nov 04, 2008 9:22 am Post subject:

this whole stream is way too bizarre. how could an auction have taken place with the owner still residing in the home? was there no legal action begun, taken, consummated, finalized (pick a verb)?

bribery is against the law, by the way.

why in the world would you, johnjon, purchase this home knowing that it was occupied? were you not represented by an attorney in the first place? don't you think it's a little late in the game to begin thinking about a consultation with a lawyer?

carlpruitt · Posted: Thu Nov 20, 2008 11:58 am Post subject:

This thread is a little old, but I'd love to know if anything has happened.

Many people end up in foreclosure because they have just mentally shut down under stress and they just don't acknowledge everything that is going on. In addition, up until the time of the actual sale, owners usually have the right to catch up the payments and continue with the loan as it was. The ones that aren't emotionally shut down often keep trying up to the last minute and beyond trying to find the money they need to keep the home.

So very frequently, homes are auctioned at foreclosure with the soon to be previous owner still living in the home and investors often buy the homes knowing they will have to evict the previous owners. It is a very common situation.

All you have to do is follow the normal eviction procedures in your county for tenants holding over. Usually that is to give notice, then file the eviction and have the sheriff serve it, then go to court and obtain the dispossessory order, then schedule and carry out the eviction. It is much more difficult for a previous owner holding over to delay that process than it is for a renter to delay it.

It is perfectly legal to offer that previous owner money to help them move out as an alternative to the more confrontational method of the eviction process. I didn't see the thread where you were asking questions, so I don't know if you bought the property as an investment or not. If it is an investment property, then it can often be rented or lease purchased to the previous owner now that you have cleared the deck on the liens. Bribery is generally only illegal when a person in authority is bribed, not when a financial incentive is offered to someone who hasn't earned it.

Good luck with it if you haven't resolved it. Would love to hear what has happened.

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