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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Evicting Current Seller's Parents Who Are Real Estate Agents

    My question involves a foreclosure in the State of: California
    I just bought a house through auction in California. Seller's parents live in the house and their daughter who is the owner lives in Georgia. Here is quick summary. We were in short sale process with the seller and seller's mom being the seller's agent. During the short sale process the daughter files bankrupcy and short sale process stopped. Moreover, her mom who is agent stopped all communication with us. So we waited and bought the property through auction but seller's mom who is the agent not willing to move out. We offered CFK but she wants more money which we do not have. My questions is 1. How long is the eviction process from beginning to end 2. Is there anything I can do regarding seller's agent ie) reporting unethical conduct 3. Now the seller's mom saying she has a tenant they have been renting out the room..How to deal with the renter? They have been living in the house rent free since 11/2008 and it seems the parents (mom being the agent) renting out the rooms to different people. 4. If they damage place (we already did the inspection so we know the house was a very good condition), how can I go after them? 5. How can I get financial damage that I am going through. Seller's mom still has listings on her website and conducting business as usual.

    Thank You

  2. #2

    Default Re: Evicting Current Seller's Parents Who Are Real Estate Agents

    I think you need to go down to your county courthouse and file eviction paperwork. I would also give her 48 hour notice that you're entering the property and bring your camera to take pictures. You have a right to enter your property if you give your 'tennant' (AKA SQUATTER) proper notice. I'm not sure how long it takes to evict someone in California but I'd get started ASAP. Sounds like you're in a rotten spot, let us know how it pans out.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Evicting Current Seller's Parents Who Are Real Estate Agents

    I would suggest retaining a lawyer to assess the situation and perhaps to handle the evictions in court. It's not that you can't do it yourself - instructions are here and forms are here - but you want to do this quickly, with as few errors as possible, and you also want to figure out if there's any way to proceed against the occupants as trespassers as opposed to tenants.

    Note that their nonpayment of rent is grounds for eviction (assuming that they're bona fide tenants), but you have to be careful about serving a notice to "pay or quit" because you don't want them to pay and stay - you want them out.

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