She wont leave! - Posted by DoubleJ

Posted by Allen on April 25, 2006 at 06:51:40:

Depending on how much you have in the deal and how much your time is worth, sometimes it’s easier to pay them to leave than to deal with eviction. Offer them cash for leaving.

She wont leave! - Posted by DoubleJ

Posted by DoubleJ on April 24, 2006 at 10:37:31:

My partner and I bought a house 3 weeks ago from a motivated seller. We closed on a Friday, and at the closing she said that she would be out by Monday. My partner went on vacation for about a week. We put the property on the MLS while he was gone. When he got back in town we got a call from a realtor with a buying agent, they went by the property and found out that she was still there. After a while we found a phone number for her, and contacted her to ask her to leave immediately. She started yelling and screaming about how she got a bad deal and stuff.

Can we just get tresspassing charges and quick boot in the ass on this one? Or will we be forced to wait the full eviction period?

Re: She wont leave! - Posted by Chris in FL

Posted by Chris in FL on April 25, 2006 at 12:34:04:

DoubleJ,
How did it go? If you got her out quick with treaspassing, count your blessings. I would have guessed eviction, and then, if she fought it, you could really have problems. FL is extremely homeowner friendly state, and judge could do just about anything. I have been told to never close with owner still on premises. The reality is, I did do it once, and it worked out very well, but I kept a $10K security deposit at closing ($1,200 would have been market), had owner-occupant sign an extremely strong lease prior to closing, establishing owner as a tenant in my house, and I was dealing with someone that happened to be good people… Best wishes!

Re: She wont leave! - Posted by Drew

Posted by Drew on April 24, 2006 at 15:02:42:

She was screaming about a bad deal? Was this just a regular bargain purchase?

I wonder if she is trying to find some grounds to challenge the sale. How confident are you in the sale agreement? (In other words, is there any funky L/O, Subject To or other dealing that might muck up the works?) I assume not, if you are going to the police. That speaks of confidence.

Drew

Re: She wont leave! - Posted by The Frisco Kid

Posted by The Frisco Kid on April 24, 2006 at 14:04:02:

DoubleJ

Had your experience many years ago with a lady who convinced me she was the sweetest thing since sugar, until she got the check. I know you will do what you have to.

I’m posting to suggest that investors put a clause in their contract that keeps the money in escrow until the buyer releases it, conditioned upon whatever you want, e.g. vacant and broom clean, etc. and so much money to be paid buyer per day for each day past the possession date, as a matter of fact my money amount increases every few days.

Only had one person try it since then, they tried to get escrow to release the funds to them and were told only I could authorize that, they then called me and I told them their check was getting smaller every day and if they wanted it they better get out and leave the home in the condition we agreed to. It only took them hours to comply. Hold over sellers need some motivation now and then.

Re: learning the HARD WAY! - Posted by Matthew G

Posted by Matthew G on April 24, 2006 at 12:22:46:

DoubleJ-
Never close until they are out!!! Be prepared in some states she can drag you around legally for a while. Sorry you have to leearn the hard way. NEVER GIVE MONEY TO PEOPLE IN TROUBLE!!

Re: She wont leave! - Posted by DoubleJ

Posted by DoubleJ on April 25, 2006 at 14:10:40:

Thanks for asking.

My partner called me this morning and said that he was told she is moving her things out today. Fortunately we will not need to force her out this time.

The thing that got me was that the county wanted to say it was a civil matter, but the department that handles evictions would say that there is no lease and thefefore the police must handle it.

Re: She wont leave! - Posted by DoubleJ

Posted by DoubleJ on April 24, 2006 at 15:20:13:

No, we bought it straight up with a FARBAR. We paid her off and she picked up a check for 7500+ at the title company and gave us a waranty deed.

We are totally confident that there is no funny stuff involved with this transaction. If we hadnt taken title in the company name, I would say I plan to live there even.

Re: learning the HARD WAY! - Posted by DoubleJ

Posted by DoubleJ on April 24, 2006 at 13:14:06:

First of all its in Florida.

Second the police department told me to go up there (the property is out of town) with all of my closing documents, and they can get her removed from the property and potentially give her trespassing charges.

But this is definitely a learning experience.

Re: She wont leave! - Posted by Kevin - WA

Posted by Kevin - WA on April 25, 2006 at 09:32:34:

OK, I can’t figure it out. What is a FARBAR?

KLM

It’s time to file an EVICTION *** - Posted by Rob Ricker

Posted by Rob Ricker on April 24, 2006 at 21:01:04:

nm

Re: Been there - Posted by Matthew G

Posted by Matthew G on April 24, 2006 at 13:31:36:

In Fla - I was there for 12 yrs. Good LUCK. Its a
CON SUE ME-R state. They are very homeowner loyal, not investor friend. Where in Fla? if in central I have a good lawyer that can get her out quik. all being said At best it will take 90 days if she doesn’t get a lawyer.

Re: She wont leave! - Posted by DoubleJ

Posted by DoubleJ on April 25, 2006 at 09:35:14:

Its a contract approved by the Florida Association of Realtors and the BAR association; hence the acronymn FARBAR.

Re: Been there - Posted by DoubleJ

Posted by DoubleJ on April 24, 2006 at 13:40:42:

Ocala, Florida. So its north of Central Florida. Although we are actually based out of Orlando.

I am meeting with the police tommorrow though, to try to get her out with trespassing.

BTW, there was NO post closing occupancy agreement, and I used a FARBAR, so I dont think she should have tenant rights, since there was no lease.

Re: Been there - Posted by Matthew G

Posted by Matthew G on April 24, 2006 at 13:53:11:

Keep me posted and if need be I will give you contact name to my investor friendly attorney.
Are you a member of central fla investors??

Re: Been there - Posted by Eddie FL

Posted by Eddie FL on April 25, 2006 at 10:23:52:

Matthew, could you send me the info for your Attorney. I am in Orlando

Re: Been there - Posted by DoubleJ

Posted by DoubleJ on April 24, 2006 at 13:58:59:

No, but my partner might be. I am in the Tampa Bay area, and I frequent a couple of REIA’s out here.

I will tell my partner about central fla investors though.

Hopefully I will have good news by tommorrow afternoon. I know I am going to run into some issues because she will probably still have her personal property inside the house tommorrow when me and the cops show up. Not sure yet, how I will deal with that because all of our manpower is being used for rehabs that we are currently doing.

But this is costing me time and money either way, so I have to deal with it immediately.

Re: Been there - Posted by Joe Kaiser

Posted by Joe Kaiser on April 24, 2006 at 20:37:17:

It’s likely you’ll have to evict her. In my state, it’s a certainty and the
police will say, rightly, that it’s a civil matter and they will not get
involved.

Do you think the police are qualified to review and interpret your
closing paperwork?

How are they to know there isn’t a lease agreement and you’re just
pretending none existed?

I don’t know if she got any money out of the deal but I’d get a copy of
the proceeds check, determine where she banks, and be ready to
garnish the first day possible once judgment is rendered.

In the future, if they’re not out or are hanging around on a promise to
vacate shortly, make certain sufficient funds are held back to be
released only upon vacating (and doing so as agreed . . . with the place
clean).

Joe