How Do We Get Previous Owners Out?
Hi!
My husband and I are about to bid on our first sheriff's auction property. The problem is, the people are still living there and the auction is in one week!? When and how are they evicted if we buy the house? Are we responsible or does the Sheriff do it? How is this handled? We are buying in Woodford County IL.
Thanks! :-o
You should contact a Real Estate Attorney that handles evictions and figure that cost into what you are willing to buy the house for.
Different areas of the country handle these situations differently. I would call the office that is selling the property and see if they can offer you any advice.
Yes, that was rather interesting... I called the attorny for the plaintiff as the advertisement SAID I should call this number for more information. The girl said she couldn't give out any info on a specific case, and then transfered me to a RECORDING that said they were unable to give any case specific information, and if we wanted any other type of information, that constituted legal advice and I needed to hire my own lawyer! How RUDE was that? Granted it's a big Chicago Law firm that only does collections (read: sleazy) but if they don't want you to call why do they publish their number in the newspaper?? My DH is going to go sit in on an auction tomorrow just to get a feel for the process before we do this. Perhaps he can learn more then. I may just have to hire a lawyer yet, I just hate to sink even more money into this when there's a good chance we may not even get the property! (We already have money in a title check, as I feel too novice to do that all by myself) Thanks for the advice!
Edie
You should be able to get a consultation with a lawyer for a minimal fee, less than $100. It usually lasts about a half hour and you can get basic questions answered and tell them about the situation.
Explain to them you are going to purchase this property with the owners (I am guessing) still in there. What would be the next step after we own the properlty and what will it cost to do it.
Be prepared to decifer some of the information as you may be able to do it yourself, such as contact the Sheriff, etc and save yourself a bit of money.
Good luck.!
If IL is like CA and the former owner refuses to leave you evict them. This is completely separate from your foreclosure purchase. There are companies here that specialize in evictions and yours is not likely to be complicated since there are no issues to defend. You can contact an eviction attorney or eviction company and get estimates on what costs might be.
Hi Edie,
Before you can evict, the foreclosure must be complete and the redemption period is over. This varies by state. According to my notes (via attorney Bronchick on LegalWiz website), in Illinois - it is a judicial method of foreclosure . It starts with a summons (a legal notice of the lawsuit) served upon the borrower. If borrower does not file an answer, the lender gets a judgment by default. Lender then advertises a notice of sale.
Here's something you can ask an Illinois attorney to interpret for you: the redemption period in your state is "Until the latter of 3 months of entry of judgement or 7 months of service of the foreclosure complaint". Also, "borrower has 90 days from the service of the complaint to reinstate."
Have you considered stopping the foreclosure? It would benefit both you and the seller. The seller can salvage his credit and stop a possible deficieny judgement from lender to make up any expense to lender that is not paid back thru the sale. Since Illinois allows 90 days to reinstate the loan, you could contact the seller and offer to make up their back payments and any accrued fees to lender. (Then try to have what they owe placed on the back end of loan, rather than coming up with cash). They walk away from home with good credit. You keep their loan in place and assign to someone else, or keep as rental. If the numbers work, you can get a short term hard money loan. Check with your loan real estate investment club. If you've found a great deal, surely you can find someone with experience to work with you.