In Virginia, how to evict after auction purchase?


#1

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?


#2

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).


#3

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!


#4

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.?