After purchasing a home on court house steps in Virginia, what steps should one take to evict the current occupant? I really do not know if the person living there is the owner or a renter. Whoever, the person has not responded to an informal note that I left on their house and car.
I am thinking that I should try the soft route first and write an understanding letter requesting cooperation. At the same time, I do not want to delay legal action.
So the question is what can and should I do until the closing date, and what should I do after the closing date?
Sam, you mentioned “closing date” … So exactly what type of ‘auction’ was this? Was this a ‘trustee sale’ and are you awaiting receipt of the deed??As far as I know, VA is a non-judicial foreclosure state… and it sounds like this was a trustee sale? Yes? If so, then once you receive and record the deed… the sale is finalized.?
There are different rules of thumb when it comes to when&how to make contact with the current occupants. Some investors will contact occupants immediately post sale. It really is an ‘it depends’… and this becomes a pretty lengthy if/then discussion. As a general rule, I prefer to wait until I receive/record my trustee’s deed before making contact. If no one is home, I will post and photograph a dated ‘change of ownership’ notice with my contact info and place a copy in the mailbox.?
Do you intend to occupy the property as your primary residence? If " no" then you should read carefully the Protecting Tenants at Foreclosure Act, which has been extended through 2014… as you may have to honor a current preexisting lease agreement if you are dealing with a bona fide tenant (arms length, fair market rent, etc.) albeit rents now go to? you.
There are various 'm/o’s for evictions. Try a cash-4-Keys offer. I like to wrap my ‘$-4-keys’ agreement into a court ordered ‘stipulated judgement’ which allows me to proceed swiftly to a UD action if the tenant fails perform (i.e. fails to move out on agreed upon date, or fails to leave property undamaged and in ‘broom clean’ condition).
Hi idannyb, Thanks for your message. This was a trustee sale. I should do the closing and receive the deed in about 7-10 days from now. I am thinking I will go ahead and try and contact the owner by posting a note at the house. And upon contact will try and see if I can reach an agreement. I wonder if I should also simultaneously start a legal process in case they owner does not respond or contact me. If so, what I was wondering was whether the legal process must necessarily wait until after the deed is recorded in court. I suppose I have to wait. So till then I can get the attorney ready to act as per Virginia laws. Thanks again!
Great to pre-plan/prepare and chat with a legal rep who can assist/advise you … but WAIT until you’ve received/recorded your trustee’s deed _before _taking any legal action! You might ask the ‘vets’, who buy regularly at the steps, who they’d use/recommend for UDs and Cash-4-Keys agreements. Often can be done at minimal expense, as this is pretty standard operating procedure.?
This seemed like a good thread 11 years ago. What to do in Virginia today in similar circumstances - bought trustee sale and someone in the home. If owner (or spouse or child), then not bona fide tenant and can get him out quickly. If bona fide tenant then need to give them 90 days, but you can evict if not paying you the rent when due. What if its just someone else without a lease or anything. Would this be a tenant at sufferance where all I need is to get the sheriff to come and evict?