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    sacramentobuyer's Avatar
    sacramentobuyer Posts: 2, Reputation: 1
    New Member

    Jul 1, 2008, 11:24 AM
    How to evict previous owner from short-sale house purchase!
    I am purchasing a home in Sacramento through a short-sale. The bank has sold us the house but the previous owners have stated that they cannot get out by the closing date. What are my options?

    Thank you!:(
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674

    Jul 1, 2008, 11:36 AM
    You could be nice and give them another date, but (and it is a big but) if they can't be out by closing, then you may have trouble getting them out period. Get an eviction order on them. When is the closing date by the way? Is it far enough along to give them a chance to locate somewhere else?
    sacramentobuyer's Avatar
    sacramentobuyer Posts: 2, Reputation: 1
    New Member

    Jul 1, 2008, 11:56 AM
    The house has been on the market since December but the closing date is July 11th... if we give them another date and they do not comply... what are our options? Eviction can take 30 days, right? If there is not a rental agreement because they are the previous owners... can we reclaim our property?
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674

    Jul 1, 2008, 12:10 PM
    Legal Eviction Procedures

    After the gavel has struck at a trustee's sale you need to leave your home. The new owner can start legal eviction procedures, which can only take a matter of days.

    After a judicial foreclosure you cannot be evicted during the redemption period. Redemption is discussed earlier.

    If you don't leave your house after it sells at a trustee's sale, the lender can have the sheriff evict you through a process called "unlawful detainer."

    The unlawful detainer process is the same used by a landlord to evict a tenant--you are now a holdover tenant in the lender's house.

    Eviction can take from 48 hours to 6 months. Of course there was no rental agreement, they were the previous owners who should have made arrangements as soon as their house went into foreclosure. The bank took it back, no other option. You own the property now, there is no reason for your to have to reclaim it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692

    Jul 1, 2008, 03:36 PM
    Well first exactly how is the "bank" going to sell you a house by short sale, The bank can "OK" a short sale, but a short sale is where the owner of the home sells you the home by short sale and the bank merely oks it, The owner of the home still has to be at closing and/or sign over their ownership on the home, Since on a short sale the owners of the home, not the bank control the closing and possession, I can not see how the bank can pick a date that is not OK with the owners.

    But if somehow you do buy the property and after you record the deed, you will have to give them notice to move and if they don't evict them though the housing court.

    But a short sale is not a forelcosure and the owner is going to have to sign over ownership of the home at closing, since the bank does not own it at a short sale.
    Unless of course you are using the incorrect term as a short sale.

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