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jwtrussell · Mar 14, 2007, 11:54 AM

:confused: Hello All,
My husband and I are purchasing a foreclosure in VA. We were told today after that fact that we agreed to buy the property and have started on financing that we will have to evict the previous owner. We were told by the lawyer handling the foreclosure that the man refuses to leave. Do we have to follow the typical eviction process even though this is not a landlord tenant situation? After the closing date, the property is ours. How is the previous owner have the legal right to still be living there? We called the sheriff's office and they said it could take 6 weeks to get this person out of the house through the eviction process. What do we do?
Any help would be greatly appreciated.
Thanks
JWT

UPDATE: My husband cornered the lawyer yesterday to get more answers. The lawyer disclosed several things that up to this point have not been told: the property was not a foreclosure but a judicial sale, the previous owner paid his mortgage but not his HOA fees. Why were we not told this in the beginning? This has been going on since Feb 20th (day of the auction). I feel that is ample time for the lawyer to have told us: A. it was a judicial sale and B. we would have to evict the man that is living there. Does anyone know anything about judicial sales? Are there any protections at all for the buyer? (it just burns me that this person is going to live in my condo that I will be paying for for 6wks while we go through the legal avenues to get him out)

ballengerb1 · Mar 14, 2007, 11:59 AM

The bank or mortgage holder should have done this before the sale. They them the deal is off unless they can provide you with proof the property is vacated.

ScottGem · Mar 14, 2007, 12:15 PM

If you want to call off the deal you should be able to get out of the contract on the grounds you were not informed that home is occupied. Its actually not a requirement that the lender do this. They can dump it on you, but you have a right to be informed about it before you enter into a contract to buy.

But if you want the house, then prepare yourself for going through eviction.

mr.yet · Mar 14, 2007, 12:49 PM

Inform the bank they are in breach of contract, they were to deliver the property to you ready to move into, free and clear of all liens. Their failure to secure the property prior to your contract for sale should be consider a breach.

Contact an attorney in your area.

landlord advocate · Mar 14, 2007, 02:48 PM

Obviously you want the house. So let's deal with getting it. As soon as you have a clear title, post the eviction notice and file with the court. Get your court date and plan on bringing evidence that you own the home etc. It is a shame you have to go through this. If you are at all nervous about appearing in court, write your statement down. Plain and simple: My name is... I purchased the property at... Mr. Smith is the former owner and he has refused to vacate the property. Bring a copy of the 3 day notice with you when you file for the eviction and also to court. Bring evidence of ownership as well. It is too late for the former owner to file the eviction. By the time the case comes to court, the former owner will no longer own the property, you will.

Home Retention Agency · Mar 22, 2007, 09:26 AM

Originally Posted by landlord advocate

As soon as you have a clear title, post the eviction notice and file with the court. Get your court date and plan on bringing evidence that you own the home etc.

Why go through the hassle themselves?

Particularly if they have no experience or interest in this type of action?

Additionally, why would you suggest that they obtain financing, close the sale, when there's obviously a defect that has to be cured?

Furthermore, they have to make payments should they come due before this is settled.

I suggest that you insist that the seller cures this defect, or discount the price by 15% if you're inclined to handle this situation after you buy.

ScottGem · Mar 22, 2007, 09:55 AM

Originally Posted by Home Retention Agency

Why go through the hassle themselves?

Additionally, why would you suggest that they obtain financing, close the sale, when there's obviously a defect that has to be cured?

I suggest that you insist that the seller cures this defect, or discount the price by 15% if you're inclined to handle this situation after you buy.

The key question, which the OP has not returned to answer, is how badly they want the property. Your suggestions do not really take that into account. I agree (as I suggested), if they don't want to deal with the eviction then they can get our of the purchase. If they do, then they can try negoitating with the seller for concessions.