Maryland Evictions
Does anyone know when you are allowed to evict a resident after a property has been sold at the courthouse steps?
I purchased a property at an auction and need to know when I can legally force them to leave. I plan to ask them to leave this weekend, but want to have a backup plan ready as Plan B.
Thanks
The only thing that I see that might prevent you from acting immediately is if the resident has a lease. If this is so, then it may depend upon which state since in some states the lease will survive the foreclosure and must be honored. In other states the lease is extinguished at the foreclosure sale.
You will find out what is possible when you begin your eviction process. The only other complicating issue that comes to mind is if there is a redemption period. In CA there is no redemption period for non-judicial foreclosures which is by far the most common.
[ Edited by edmeyer on Date 11/17/2005 ][ Edited by edmeyer on Date 11/17/2005 ]
Just like I thought, the tenant is not cooperating. They will not even talk to me. I guess I’ll have to evict. The occupant does not have a lease. They are the previous owners that seem to want to stay put.
There is no redemption period in MD. There is about a 30 day period for the sale contract to be ratified before the purchaser can close. I need the old owner out or at least cooperating so that I can get an appraiser in there to secure financing. My fear is that I can not evict until I actually close.
I’m not sure about the writ of possession. I’ll do some research on that.
I’ll let you know what happens.
At the auction, they only want to verify you have the required deposit. You basically have a month and a half after the auction to close.
Waiting for the ratification sounds logical, but hopefully that is not the case.
The person living in the house tried to sell just before the auction. They received a contract for a full price offer, but the bank would not stop the sale. Found the previous listing agent and I'm going to sell the house to them. I offered the previous owner $2k to move in the next couple of weeks.
I should not have to evict.
The cash for keys approach usually works for everyone. Good luck with it.
I went thru this a while back and as I remember in Md. we had to settle within 10 days of ratification and theoredically were not supposed to take possession before settlement although the house was empty so no one stopped us from starting rehabbing.