Friday 12 April 2013




Dealing with the Evicition following a Trustee Sale


During the eviction process the new owner is essentially negotiating an agreement with the occupants, often through an attorney but sometimes directly. Today’s post will explore the basis for those negotiations.
The reason you will be negotiating is because each party, the new owner and the occupants (often the old owner, sometimes a tenant), probably has something the other wants:
The new owner has legal ownership of the property, including all attached appliances or improvements. That means:
  1. A legal right to evict, including the use of force if the occupants aren’t out in time
  2. A legal right to collect rent for the period in which the old occupants remain in the house.
The new owner wants:
  1. Possession as quickly as possible.
  2. No damage to the property.
  3. No possessions from the occupant remaining on the premises.
The occupants have:
  1. Possession, which means the ability to remain in the house until the eviction process has run its course
  2. An implicit threat of causing trouble, through damage to the home or delaying the eviction via legal action

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