 
Nativegirl
Member
Username: Nativegirl
Post Number: 108
Registered: 01-2004
| | Posted on Friday, June 27, 2008 - 9:06 am: |    |
Hi all, my neighborhood has a problem that I just learned of yesterday from an emergency neighborhood association meeting. It appears we are getting squatters, families, that take over foreclosed property. Case in point, a house that was put on the market late 2006 and did not sell but the owner purchased another home and let this property revert back to the bank has been vacant since early 2007. The neighbors nearest the home has been watching it and new the folks who moved out. Therefore, when the bank foreclosed it and put up the perequisite notices on the windows, the neighbors swiftly took action and began calling the number to insure that someone would be coming out to the lawn, etc. Well, imagine the surprise when this new family moves into the home in the middle of the night. The neighbors promptly called the bank and the bank informed them that no one should be in the home as the house had not been sold.
My question is, how did the squatters gain access to the home as it appears they have keys to the house? Secondly, only the owner (the bank in this case) can proceed with eviction notice, right?
I know our association means well, but there is not a lot it can do but keep pursuing the bank to do something. This house has quite a number of children that lives there. Oh, and by the way, the "occupants" are rolling in newer model cars such as Jeep Commander (those big SUVs) and a Monte Carlo.
Now if they can afford nice vehicle surely they can afford to pay rent somewhere. |
Pffft
Member
Username: Pffft
Post Number: 1552
Registered: 12-2003
| | Posted on Friday, June 27, 2008 - 9:16 am: | |
Something to watch out for, that's happening in my neighborhood -- the seller puts someone in the house who otherwise couldn't buy it, and they get away with it by classifying it a "land contract sale." That way they bypass any city rental regulations, and the occupants don't have to have a down payment or qualify for a mortgage.
Essentially they're warm bodies who hopefully will pay something a month to offset the seller's losses. A guy who flips houses put someone in one of his houses here who has a criminal background and was promptly busted for drugs. Beware, these folks who buy and flip houses don't care what they do to your neighborhood.
Don't know what city you're in, but a first step is to call the city. If this is supposed to be a rental most will send folks out to make sure all the rental codes are followed.
I wish someone would put a spotlight on this kind of activity.
(Message edited by pffft on June 27, 2008) |
Southwestmap
Member
Username: Southwestmap
Post Number: 1040
Registered: 01-2005
| | Posted on Friday, June 27, 2008 - 9:42 am: | |
Same thing is happening in the house next door to me - but the "squatters" are relatives of the woman whose home it was. The house is still in limbo, though. It was up for auction at the end of April and I don't know how to find out what happened. I understand that the woman has six months (four mos. now) to redeem the property.
But her gang kids moved in this week. Since I have been caring for the property and have a big interest (it is 10 ft. from my house) in its security, I know that it the electric meter had been stolen. But suddenly, lights and loud music! So, last night I crept over to check and still no meter. However, jumper wires installed by the squatters.DTE alerted.
I hope that it is a very bad thing to do this, so bad that DTE will take away the account. They really did not owe anything on it, so its not like its overdue.
This house would never have sold; we would still have our clean, quiet neighbors - except one real estate agent Sharri Saad, brought completely incompetent and incapable buyers and encouraged them to get a ruinous adjustable mortgage for much more than the home was worth then (only 2 years ago) and much, much more than the home is worth now. |
Steelworker
Member
Username: Steelworker
Post Number: 1108
Registered: 02-2004
| | Posted on Friday, June 27, 2008 - 10:34 am: | |
Im sorry to hear about this problem I havent noticed it yet in my area. I only have a problem with scrappers taking Central Air units. The forclosures around here have been slowly grabbed up and fixed. But there are still a few homeowners trying to sell there house with previous prices. |
Rugbyman
Member
Username: Rugbyman
Post Number: 349
Registered: 06-2005
| | Posted on Friday, June 27, 2008 - 10:39 am: | |
Based on what you've said, yes, the Bank is the only one that can proceed with an eviction since they (presumably) have the sole interest in the property. As to removing these people from the house, I'm not entirely sure what the court would say since there wasn't ever an agreement to let them live in the house in the first place. If they're simply trespassers they can probably be immediately removed from the house by law enforcement. It's unclear though, since courts are loath to turn people out on the street without some sort of buffer time period.
Remember, regardless of what some people may tell you about squatter's rights and adverse possession, possession isn't established until 15 years of continuous use by the squatter without interference by the true property owner has elapsed. |
Track75
Member
Username: Track75
Post Number: 2732
Registered: 10-2003
| | Posted on Friday, June 27, 2008 - 11:36 am: | |
You'll need to figure out it they're there "legally" via a rental agreement with the former owner or simply trespassing. Eviction via the court is not necessary if they're trespassing. If you came home and found a stranger in your house you wouldn't have to go to court to get them evicted, you just call the police.
That said, depending on your neighborhood it may be better to have a house full of squatters than an abandonded house that gets stripped of its copper pipes, wiring, furnace, AC, fixtures, etc. Pick your poison. |
Swingline
Member
Username: Swingline
Post Number: 1146
Registered: 11-2003
| | Posted on Friday, June 27, 2008 - 11:40 am: | |
Possible solution: The neighborhood association or some of the individual neighbors could sue the bank for creating a nuisance by allowing squatters on its property. What the heck, sue the real estate agent too. If there's drug activity at the house, proof of nuisance is even easier. Neither the Bank or the agent will want to pay a lawyer to defend the nuisance lawsuit. It will be a lot less expensive for the bank to file a landlord/tenant case and get the squatters removed. |
Furnitureguy
Member
Username: Furnitureguy
Post Number: 59
Registered: 12-2003
| | Posted on Friday, June 27, 2008 - 12:00 pm: | |
I like that, start suing everyone who was involved, get the strength of your neighborhood associations together on this, and grab the resident attorney, see if he wants to or knows anyone who will take these pesky little cases!•• |
Gannon
Member
Username: Gannon
Post Number: 13147
Registered: 12-2003
| | Posted on Friday, June 27, 2008 - 12:13 pm: | |
I hope this doesn't cause a re-working of the Land Contract provision...that is the last best way to purchase real estate!
People are simply doing what they need to do in trying times. Try first to teach them to be good neighbors, they just might be open to learn.
I've found that if you accuse anyone they just become defensive. Not all of these desperate folks will be bad people, I would follow Track75's advice. |
Brandon48202
Member
Username: Brandon48202
Post Number: 226
Registered: 12-2004
| | Posted on Friday, June 27, 2008 - 12:30 pm: | |
This sort of thing happens all the time. I had one of my bank owned houses rented out be a fake landlord. I had another taken over by drug dealers. Had to go to court to get rid of the drug dealers because the police would not do anything. |
Nativegirl
Member
Username: Nativegirl
Post Number: 109
Registered: 01-2004
| | Posted on Friday, June 27, 2008 - 12:35 pm: | |
Thanks for the advice everyone. The "squatters" are taking care of the grass and all. Like someone said, we need to pick our poison. Too bad its so many "Bebe" kids that lives and visits there. |
7051
Member
Username: 7051
Post Number: 120
Registered: 02-2006
| | Posted on Friday, June 27, 2008 - 4:09 pm: | |
Nativegirl,
What neighborhood are you in? Here in the University District we had a similiar problem with a family taking over a foreclosure. The association has been to court to get them removed. I'll do some digging to see where we are at with it now. |
Ladia
Member
Username: Ladia
Post Number: 44
Registered: 05-2008
| | Posted on Friday, June 27, 2008 - 5:51 pm: | |
the 'squatters' i know are relatives also. |
Nativegirl
Member
Username: Nativegirl
Post Number: 110
Registered: 01-2004
| | Posted on Monday, June 30, 2008 - 8:45 am: | |
7051, I am in the Rouge Park/Joy Rd/Warren Ave area. Also known as Copper Canyon because of the history of cops living in that area. It's a shame, such a beautiful area but a lot of renters and foreclosures is becoming too common. |
Kell31
Member
Username: Kell31
Post Number: 23
Registered: 10-2004
| | Posted on Wednesday, July 02, 2008 - 1:09 pm: | |
I used to manage a lot of foreclosures. Multiple things would happen. Squatters let themselves in and re key the house. The bank usually will pay these people to move back out. Fake landlords rented out the property, or the land contract clause.
Find out who the bank is and contact them. Banks are usually not aware of the day to day runnings of their property and love to scream at Realtors who mess around. |
Pffft
Member
Username: Pffft
Post Number: 1559
Registered: 12-2003
| | Posted on Wednesday, July 02, 2008 - 1:18 pm: | |
If a tenant is missing land contract payments, how long before the owner can get them out? |
Miketeevee
Member
Username: Miketeevee
Post Number: 53
Registered: 07-2005
| | Posted on Wednesday, July 02, 2008 - 1:45 pm: | |
Technically.. I think all they have to do is miss one payment and the property reverts back. Now getting them out is another story. |
Pffft
Member
Username: Pffft
Post Number: 1560
Registered: 12-2003
| | Posted on Wednesday, July 02, 2008 - 2:20 pm: | |
Serves the owner right for "selling" to someone with a criminal record and bad credit. This house is way beyond this seller's economic means.
(Message edited by pffft on July 02, 2008) |