I purchased this rustic cabin in Aarkansas after the Escrow Company holding the note on it foreclosed however, the persion living in the cabion has never had his name on any of the legal paperwork–his ex-girlfriend did and she was notified of the foreclosure–he has been notified by us and shown a notarized copy where we purchased the property but has thus far not even attempted to move out. He has no legal right to be there but we do not know what to do now? We have spoken to this man and each time he indicates that he intends to move by a certain time but has not done so. His ex-girlfriensd does not even live locally anymore. What are our rights at this point? Can we call the sheriff out and have him removed? Do we have to take him to court to get him out of our cabin? What do we do now? We are already making payments on this property.
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 How Do You Get Somebody To Give Up Possession Of A Home That You Bought While It Was Under Foreclosure?9 comments to How Do You Get Somebody To Give Up Possession Of A Home That You Bought While It Was Under Foreclosure? |
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Unlike some of the other people who have responded to this question, I am a practicing attorney and I actually have experience helping client with exactly this type of situation.
The exact procedures vary from state to state, so you should find a location attorney who handles eviction lawsuits. You won’t be able to call the police because this is a civil matter.
Typically you must give the person a notice to vacate, not unlike you might give to a renter at the end of a lease. If they do not vacate, you need to file and eviction lawsuit. Eventually, you should be able to get a judgment for the possession of the property. In most states, you would then get a writ of possession which then authorizes local law enforcement to remove the squatters from the property.
No. Possession of your house is not an issue for law enforcement. You need to go to the court for your county and sue for ejectment. Or you can request something called a “writ of assistance” following up from the foreclosure. Local procedures vary. However, the person who is there is a trespasser unless for some reason he had a lease or other possessory right which was not terminated by the foreclosure.
You will want to contact a lawyer for this.
Get something that shows you own it, like a recipt of forecloser, and take it to the sheirifs office.
If this doesnt work, take out some insurce on it, and burn that mother down, with that non-hack of a guy still in it.
ok ok,, we are making this tooo complicated.. this is neither a renter.nor a squatter. this is a left over boyfriend.. who is depending on your kindness or lack of awareness. i am upset that your are even negotiating with him. call the law.. with your purchase papers in hand.
if you really own the property they are not there legally, contact the local law enforcement.
You should shut down all the utilities (if any exist). That’s what worked when my neighbor refused to leave for the new owners. Call the police and charge them with trespassing. Lots of things you can do…
If you plan to do this legally, you will have to go through the eviction process, even though he is a squatter. The local law enforcement personnel will evict him, with force, if necessary, once you have a court order.
The smart thing to do would be to contact your local law enforcement, the fast thing to do would be to use force. If you live in the states you can probably by tear gas or something at your local convenience store, so smoke that bastard out!
In Arkansas, a landlord may give notice of termination for any reason. Even if you are a model tenant—quiet, paying your rent on time and keeping your apartment clean—your landlord can refuse to renew your lease. He must give you one rental period’s notice if you have an oral lease, or give notice according to the terms of the written lease if you have one. (The only exception is for non-payment of rent in which case eviction procedures may take place.)
Failure to pay rent or to pay rent on time, for any reason, is grounds for eviction.
There are two types of eviction procedures a landlord can use to get you to move: “unlawful detainer” ( a civil eviction) and “failure to vacate” (a criminal eviction).
If a landlord uses the “unlawful detainer” method of eviction, he must give you three (3) days written notice to vacate. If you do not leave, the landlord can sue by filing a complaint against you in court. After you receive a summons to appear in court, you have five (5) days to object in writing to the eviction. If you do not file an objection you can be removed from the dwelling by the Sheriff. If you do object, a hearing will be scheduled to determine your right to possession of the property.
If a landlord uses the “failure to vacate” method of eviction, he must give you ten (10) days written notice. This method of eviction applies only to non-payment of rent. If you do not leave the premises within ten (10) days, you can be charged with a misdemeanor. You would then be required to appear in court where you could be fined up to $25 for each day you remained in the dwelling after being given the ten (10) day notice to vacate
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