Steve, I’ve evicted probably 30-40 tenants and none have ever taken 8 months. I think these horror stories you hear about long evictions are often exaggerated, or else the result of a landlord who is not doing his job properly–like maintaining the property,for example–and just invites a tenant to contest and drag out the eviction. As a new owner, you simply give the tenant a 30 day notice to move, and if he doesn’t, then you would have to evict. In such a situation, a tenant has far less basis on which to contest the eviction. If you’re buying this house from the bank, it won’t hurt to simply ask the bank to deliver the house to you vacant. They might go for it. I was simply saying that offering to purchase it with the tenant in it might improve your chances of getting the offer accepted. Also,you should plan on having a chat with the tenant. It might be that he’ll peacefully move out if you wave some cash under his nose. But also consider letting him to stay there and pay rent if he’s willing to. I don’t understand investors who think they have to automatically evict the occupants when they buy a property. That’s just dumb. Each situation is unique, and if you happen to get lucky and acquire a good tenant, leave him in there. I realize it can be “strange” for a former owner of house to transition to renting, but he’s going to have to rent somewhere. Might as well be the house he’s already living in, if he’s willing to do that.
How to research Evictions? - Posted by Steve (SoCal)
Posted by Steve (SoCal) on July 08, 2008 at 11:44:01:
When I go to the San Bernardino County Recorder website, it gives me the option to search by Document Description or Document Title. When I navigate through the list, I don’t see “Eviction” anywhere. Is there another title I should be looking for?
The reason why I’m asking is, there’s a house that was taken back by the bank. The previous owner who was foreclosed on, is still living there. I’m interested in buying this house. However, I don’t want to buy it if this guy is still living there.
Do any of you have any suggestions on how a situation like this should be handled? Thanks in advance!
Re: How to research Evictions? - Posted by Kristine-CA
Posted by Kristine-CA on July 08, 2008 at 15:19:07:
In CA unlawful detainers are court docs, not recorded docs. Data
regarding evictions isn’t made public for 60 days. Here’s a good
explanation from my county website:
Access to the court file, index, register of actions, or other records is
not permitted until 60 days after the complaint is filed, except
pursuant to an ex parte order upon a showing of good cause. Access is
allowed to a party or an attorney in the action. See CCP 1161.2 for
other exceptions.
If a defendant prevails in the action within 60 days after the complaint
is filed, the court clerk may not allow access at any time to any of the
documents specified in the above paragraph.
Regarding your interest in the property in San Bernardino: There are
many reasons why the former owner is still living there. 1) Bank hasn’t
yet evicted. 2) Could be a private lender allowing former borrower to
stay and rent. I’m seeing more of that these days.
If the foreclosure was a major lender, it will be next to impossible to
make an offer directly to the bank until the property is listed. Is it
listed now? Kristine
Steve, have you asked the court clerk your question? They would be the ones to know, but just so you know, the legal term for evictions in California is “unlawful detainer.” Therefore, the evictions are given case numbers such as UD05645213. The UD stands for, obviously, unlawful detainer. The 05 stands for the year it was filed, 2005, and the remaining numbers are the rest of the case.
Why don’t you want to buy the house with the former owner still living there? If you can get the bank to sell it and also have the guy removed, great. But remember, if you can solve problems you stand a better chance of making money. If you offered to buy the house with the guy still living in it, you just saved the bank some dirty work. Chances are they offer you better price and/or terms if they don’t have to do that. Besides, if your competitor’s have the same attitude you have about not wanting to deal with kicking the guy out, you just eliminated much of your competition, didn’t you? Buying with less competition is almost always a situation you should embrace, not run from.
Re: How to research Evictions? - Posted by Steve (SoCal)
Posted by Steve (SoCal) on July 09, 2008 at 08:39:08:
Christine, thanks for responding and shedding some light on my situation.
To answer your question, the house is not listed now. It was listed as a short sale before “NationStar Mortgage LLC” took it back 2 months ago at a Trustee’s Sale. I’ve never dealt with “NationStar” before, so I am not familiar with their policies, etc.
As for the guy living there, he is currently going through a divorce from what I hear. Apparently, when his marriage fell apart back in November 2007, he stopped making payments all together. So he hasn’t made a payment in 8 months! I don’t see why the bank would want to rent the house back to him?
Also, one more question Christine, how long do “unlawful detainer” actions usually take in CA? Thanks again for your help.
Re: How to research Evictions? - Posted by Steve (SoCal)
Posted by Steve (SoCal) on July 09, 2008 at 09:00:23:
Edwin, thank you for your informative response regarding “unlawful detainers.”
To answer your questions, I haven’t asked the “court clerk” how a situation like this should be handled. I will make sure to do that. I don’t want to buy the house with the former owner still living there because 1) I figured it would cost lots of money to file the “unlawful detainer” action. (I guess I should find out how much that costs huh?) 2) Since I’m not familiar with the “unlawful detainer” process, I didn’t want to make payments on the house while I go through the process. I heard from some people that it can take up to 8 months to evict a person. I just can’t see myself making payments for 8 months and paying for the court costs.
However, I see your point of view and agree with your reasoning. Unfortunately, I’m not in a financial position right now to take that risk. I wish I was though, because I totally agree with you about eliminating my competition. Thanks again for your response Edwin. If you’d like to chime in more, feel free!
Re: How to research Evictions? - Posted by Kristine-CA
Posted by Kristine-CA on July 09, 2008 at 09:12:05:
Steve: evictions can be as quick as 4 weeks and as along as … forever.
Depends on if the defendant answers and what their story is.
2 months after a trustee’s sale in this chaotic climate is not very long.
Some lenders have their act together and are getting their REOs on the
market within weeks. Others take many, many months.
The house will be for sale eventually. Trouble is how to get it before
anyone else does. I’m afraid I don’t have any great advice on that.
Kristine