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Bank owned with "tenant"

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EYLNET

Junior Member
What is the name of your state (only U.S. law)? Florida

I have the chance to buy a house from a bank very inexpensive.

The problem is, that somebody is in the house. I believe this are the former owners. The bank is working on an eviction, but the auction is now.

The listing agent of the bank told me that if they are not done with the eviction, I will have to do it.

The house is so inexpensive and the location is special for me, that I would be willing to do it. I have calculated 6 months for that.

In case they were a paying tenant and had another year on a contract, that would be no problem for me.

Am I overlooking something?

How would I even start eviction if I don’t know who is in the house?

Thanks for your help
 


FarmerJ

Senior Member
If they are the former owner then just who gave them a lease that would have granted them any kind of rights, tenancy, etc ??? this bank I would say has been very very lax about this whole thing If I was you Id tell the bank `im not interested unless this house is delivered vacant. ( this bank should have gotten them out before auction and dumping this problem in someone elses lap is such BS. ( if the foreclosure manager has already done such a bang up job now what makes you think you will even get a copy of a supposed lease from her/him if you did buy it? Ill lay odds they will claim they don't have a copy , messy messy messy )
 

EYLNET

Junior Member
Thank you for your response FarmerJ. I know it is messy. I don't know if they have a contract. The bank has no clue.

I can get the house that was appraised with $220K for $90K. And I have other reasons why THIS house is very important for us.

And I know what I would normally do. But in this case I want to secure the house.

I need to confirm the deal by Monday morning or the next bidder will get the house.


My question is more: How can I evict someone that I don't know their name and their status?
 

Gail in Georgia

Senior Member
Obviously you would need to work to find their name and their status regarding the house.

If you bid and win it, then it would make sense to go knock on the door and attempt to get more information from these folks. Like their names. And whether they are the former owners or tenants and if tenants, do they have a current lease on the place.

Gail
 

EYLNET

Junior Member
Thank you Gail.

This is what I am concerned about the most. These guys moved the house into a trust making it very complicated for the bank to foreclose.

If they refuse to give me any data regarding their names and contract status, could I call the police and consider them trespassing, as I am the owner until proven otherwise? Would the police help me? Who else would help me get their names if they refuse?
 

FarmerJ

Senior Member
trust or not if they didn't pay the dang mortgage they aren't protected from foreclosure and yes in the end there is no logical reason you cant get them out, but your best bet may be if your gonna buy it anyway is to use a real estate atty or a atty who specializes in evictions and just live with the extra cost of getting them out with the help of a atty.
 

OK-LL

Member
You can evict without knowing their names, etc. (you'd be evicting "all occupants" or similar language commonly used in your area). If the bank has already filed for eviction, you should be able to come in as a substitute party. If not, you need to see what notices the bank has already provided the occupant so you know where you are in the eviction process and you will move forward from there.
 

single317dad

Senior Member
If they are the former owner then just who gave them a lease that would have granted them any kind of rights, tenancy, etc ??? this bank I would say has been very very lax about this whole thing If I was you Id tell the bank `im not interested unless this house is delivered vacant. ( this bank should have gotten them out before auction and dumping this problem in someone elses lap is such BS. ( if the foreclosure manager has already done such a bang up job now what makes you think you will even get a copy of a supposed lease from her/him if you did buy it? Ill lay odds they will claim they don't have a copy , messy messy messy )
I doubt there is any lease. Banks aren't evicting homeowners prior to auction because they don't want their houses destroyed. Most are offering some relocation expense compensation in exchange for delivery of keys and house in acceptable condition after the auction. OP could offer the same, or pursue eviction on his own, or honor the remainder of any lease in place.

However, some banks are offering leases to owner-occupants in the amount of only property taxes and insurance. Some are offering slightly different leases. OP would do well to find out exactly what, if any, lease the occupant possesses, and if they're paying it as agreed.
 
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