Posted by John Corey on March 13, 2006 at 04:37:27:
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Speak with the attorney as the laws vary by state and even by city.
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Remember that one option is to pay the druggie to clear out. This could mean $100 to sign the right documents you haul off the junk. Or you pay a bit more when the place is cleaned up a bit. Cash speaks pretty loud to someone who needs a fix. Just make sure the tenancy issues are clear after the person clears out.
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As you are not the owner yet you can not take action. The lawyer can advice. Essentially you will need to be the owner before you can drive the process.
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Make sure the numbers make sense and that the will still stack up with the added cleaning, legal and possible repair costs.
Otherwise focus and move this one forward.
BTW - You might need to be careful about how you handle the sale. You do not want to appear on the title if you are attempting a short sale. It will take months and the lender will do nothing until the borrower has started to default. In the mean time the tenant could be an issue. Hence it might make more sense to focus on the deal without a short sale. If the numbers stack up on a subject-to basis or similar then it could make sense to avoid all the delays from a short sale process.
John Corey