Sheriff Sale & Renters

[Rookie]

Bet it would take longer than a month...

 

[BarryJaxon]

Bet it would take longer than a month...

Depends on what a judge says if it goes that far.

 

[88GT]

Bet it would take longer than a month...

Nope, not really. In Center Township, Marion Co, court dates are Tuesdays and the judge orders 'em out by Saturday.

 

[ArmedProgrammer]

Rookie -
It does depend on the judge - and the court schedule. But in most jurisdictions this stuff moves decently quickly. I guess my point was this: if I was her, I'd NOT spend my energy fighting this. Rather, I'd spend my energy finding a new place - preferably one that is run by a LANDLORD, not a SLUMLORD. I don't know the parties involved here. But I do know this - professionals do _not_ run it like the 3 ring circus and donkey show that has been described.

Much of that is not this lady's fault. But solving it is within her power. She needs to move on and let nature takes it's course with the rest of this goat rodeo. She will be better off by far by doing that. That's not me trying say what she legally MUST do - just honest, heartfelt, here's-what's-gonna-happen-and-here's what-you-do-about-it advice.

 

[hooky]

We had a no ****ter around 6:00. She's actually found another home and is in the process of working out arrangements.

The new owner is coming tomorrow at 9am to inspect the home. Owner's husband is coming with her. From what I'm being told my friend felt physically threatened by owner/hubby after the sale when the whole "we're gonna throw you out in the street and take your stuff" episode went down. She said he was right up in her face, yelling. I advised her to call the local PD and explain what was going on and that she felt threatened and worried what might happen tomorrow when they show up for the inspection.

Hoping that it comes to an end quickly without violence or cops.

 

[ArmedProgrammer]

cool... that's good to hear, hooky!

Edit - I didn't see the bit about feeling threatened. THERE IS NO ROOM FOR THAT - period. Perhaps if she feels threatened, maybe record the discussion tomorrow? Or woowoo2's suggestion below may be in order.

Good that she's getting out of there!

 

[BarryJaxon]

We had a no ****ter around 6:00. She's actually found another home and is in the process of working out arrangements.

The new owner is coming tomorrow at 9am to inspect the home. Owner's husband is coming with her. From what I'm being told my friend felt physically threatened by owner/hubby after the sale when the whole "we're gonna throw you out in the street and take your stuff" episode went down. She said he was right up in her face, yelling. I advised her to call the local PD and explain what was going on and that she felt threatened and worried what might happen tomorrow when they show up for the inspection.

Hoping that it comes to an end quickly without violence or cops.

Not sure she has any obligation to let them in?

 

[woowoo2]

She's actually found another home and is in the process of working out arrangements.

Good, now tell the new owners she wants cash for keys.
$1000 should do it, then she will be out in seven days.

 

[hooky]

Good, now tell the new owners she wants cash for keys.
$1000 should do it, then she will be out in seven days.

"This is the only set of keys I have. Please contact the bank for your set. I live here until a judge tells me I don't."

 

[hooky]

cool... that's good to hear, hooky!

Edit - I didn't see the bit about feeling threatened. THERE IS NO ROOM FOR THAT - period. Perhaps if she feels threatened, maybe record the discussion tomorrow? Or woowoo2's suggestion below may be in order.

Good that she's getting out of there!

Sorry about that. I was editing to add that while you were responding.

She has somebody else in her ear saying their dad worked for a bank and that she needs to move everything out tonight since they "bought the house and all contents" at the auction. I've done about all I can do at this point.

ETA: I told her she needs to hit record on her cell from the moment they knock on the door and keep it on until they leave.

 

[woowoo2]

Is there still a written lease?
If so, the new owners must honor it.

If she was month to month, she should have 30 days from the date of sale.
I would give the new owners their rent check and tell them to go away.

Either way, her stuff is her stuff, they can not touch it.

 

[hooky]

There is a lease that was written and executed by someone who isn't in the picture anymore as they were buying the home on contract and got caught up in the mortgage holders foreclosure. I don't believe it's worth the paper it's written on and the new owner isn't aware of the intermediary. They've asked her for the lease and she hasn't provided it. not sure if that's a good thing or not.

 

[ArmedProgrammer]

Hooky -

You're right on target - I personally would provide the lease if I was in her shoes and I could ... hopefully she has a copy. What's sad is that this sort of goobered-up mess is more common than it should be.

It sounds like she's doing the right thing in any case - getting out in reasonable order. They may well offer her a sum of money to leave the place in good order and leave soon. It's not uncommon. If they do - take the money - leave it clean, and run like hell.

If they don't offer cash for keys, I wouldn't be surprised either... so don't expect it.

FYI - the new buyers simply want to get on with the rehabbing of the property. Time is money to them. I would bet on that. If she has a new place arranged - and just needs a week or two to make that happen - then I would just go about that and let it be. This is why they might offer a few hundred to grease the skids and make things easier - especially if she shows them that she is willing to go that route.

 

[ArmedProgrammer]

There is a lease that was written and executed by someone who isn't in the picture anymore as they were buying the home on contract and got caught up in the mortgage holders foreclosure. I don't believe it's worth the paper it's written on and the new owner isn't aware of the intermediary. They've asked her for the lease and she hasn't provided it. not sure if that's a good thing or not.

Whether they are in the picture doesn't necessarily matter... were they legally entitled to sign the lease AT THE TIME is what matters. Every "owner" after that is still subject to the terms, if so.

That said - don't get stuck on that crap - better to make a smooth exit and get on with her life.

 

[woowoo2]

There is a lease that was written and executed by someone who isn't in the picture anymore

Good, The new owners must honor it.

 

[88GT]

Is there still a written lease?
If so, the new owners must honor it.

If she was month to month, she should have 30 days from the date of sale.
I would give the new owners their rent check and tell them to go away.

Either way, her stuff is her stuff, they can not touch it.

I do not believe the new owners are necessarily obligated to honor the lease. It is a contract between parties and the new owner was not a signatory to the lease. At best, new owner is probably legally required to provide the 30-day notice, since the tenancy is essentially a month-to-month now. For those 30 days, the new owner must abide by the terms of the lease at least on a small level. But the lease would have to specifically obligate the new owners to the terms and the purchase terms would probably have to obligate the new owner to the terms as well.

Not sure she has any obligation to let them in?

She has no legal justification for keeping them out either. And as the legal owner--provided they have the proof of ownership--they have every right to inspect the premises.

 

[woowoo2]

I do not believe the new owners are necessarily obligated to honor the lease..

While I am not up speed on current law, I believe in residential transactions they do have to honor the lease till it expires.
They do not need to renew it.
And they do have full right to inspection given proper notice.

 

[hooky]

Thanks for the replies. Just talked to her around noon and the inspection at 9 was full of more threats to toss her out this afternoon. She stood her ground and said she was looking for a place and that they couldn't take her personal property in the meantime or boot her without going through the process. They then told her she had to be out by 7/29. It's obvious they're just pushing her buttons to get her out as soon as possible.

She is concerned that they'll change the locks on her when she's not there.

On a side note, the husband who was with her today apparently wasn't the same "buff blonde headed guy who was constantly rubbing her back and smooching on her neck" at the sheriff sale.

 

[pinshooter45]

She'd better be ready to MOVE! One thing every one has to remember the new owner is NOT THE LAND LORD! Who ever they are now owns the property and has no legal arragement with the tenant. Their name is no where on the lease so land lord laws do not apply here. My advice is to leave ASAP. The new owner probably can and will change the locks. Once that happen it will be very difficult for your friend to get her stuff back. She may actually be in violation of the law because she is occupying some one elses property. The old lease is not worth the paper it is written on.

 

[PistolBob]

If I was the renter, I would take this next week and find a new place to live. The lesson here is "Don't rent from deadbeats". If they knew the place was in foreclosure for the last year they were goofy for hanging around. Did they bother paying any rent during this time? If she has a lease, then she could take legal action against the lessor....but the deadbeat just lost the property to foreclosure so the lessor may not have any cash anyway....uh wait...I just saw she hasn't paid rent in 10 months. If I was the new owner, I'd file eviction in the morning, and maybe even criminal trespassing charges. What the EFF man...no one gets to live in a house for free. She's a bigger deadbeat than her landlord was, or so it appears. Can she cough up the 10 months rent She OWES? She owes it to her landlord though, not the new owner.