Ocuppied Foreclosed Home
I have found a house that is in foreclosure and I would like to bid on it. However the property is ocuppied by the owner. Can anyone out there tell me what the process is to get the owner out of the house once it has been sold at acution? I live in California. 
I would contact an attorney in your county and pay him for an hour of his time and drill him w/ all your questions.
In Florida, you have to motion the court for a Writ of Possession, then the court orders the sheriff out to the premises and gives the defendants 48 hours to vacate.
The last foreclosure we bought the owner was still living there. We acted like we were doing him a favor by giving him 1 week to leave. We told him it was customary for the previous owners to have three days. We told him that on Saturday the locks would be changed and any thing on the premise would be ours. He quickly packed and moved out. I know that we could have had a problem, but the move went smooth. Also you can offer them $100 to help with their move, payable when the property is vacated. The last resort is using the legal means because that takes time and cost money, but sometimes that is the only recourse.
I just bougth one foreclosure in NC , you could offer the owner 200 $ or so to help wioth the moving some will take some won't , in my case tyhey did not , I filled for evication notice and the sheriff dept servied it and after 10 day I went with the sheriff to get them out and change the locks, "by the way they were gone the day I went with th esheriff".
hope this helps
Each state's laws on foreclosure and eviction may be different. A call to your local Sheriff or Court should help answer your questions. You should also know the homeowner may act to postpone the sale, or extend the right of redemption. The Homeowner may file bankruptcy pre-sale, or post sale.
If the property is exposed to sale, and you are the successful bidder... you can call on the former homeowner. I would plan on offering a cash incentive for the homeowner to vacate and leave the premises in a broom swept condition.
Threats or a show of force won't work. These folks are usually angry, and feel that 'the system' has screwed them over.
Make nice with them, and perhaps they won't take out or destroy every cabinet, or every piece of plumbing.
A few years ago, the departing homeowners removed imported tile floors, exquisite kitchen cabinets, plumbing fixtures.. and did about $50,000 in damages... not to mention the lost time it took to effectuate repairs.
If I had offered them $10,000 to move, I would have saved $40,000. They would have felt better. I would have felt better.
Thanks every one for your input. I get the idea. The info that you have provided is greatly appreciated.
In California,
Since they are the previous owner, you need to give them 30 day notice.
After the 30 days, go to your local county courthouse to get an Unlawful Detainer. This takes around 2 weeks.
There will be a court hearing, the owners probably won't show up.
Then you get a Writ of Restitution.
Finally you contact the Sheriffs office to meet you at the home and don't forget to bring along a locksmith to change the locks.
The owners will have a certain period of time to remove their belongings, I believe it's 15 days.
Now, if you do any of the steps wrong, forget to cross your t's and dot your i's, then you need to start from the beginning.
OR
You can just hire an eviction attorney for a couple hundred bucks. Go to the courthouse, watch an eviction proceeding and when the Judge says "who is with this lawyer" and 3/4 of the courtroom stands up, that is your guy!
Hope This Helps,
Mrs. Meltzer
Actually in California it is a 3 day notice to quit. But only after you have perfected title with the county recorders office. You should first go and talk to them try to be reasonable. Offer them $500 bucks, alcohol, whatever it takes. Tell them If it isn't you it would be someone else who bought their foreclosure.
In our county, even though they are trespassing on your property, the sheriff will not through them out.
Then after you serve them or post notice you file an unlawful detainer action that they have to appear in court. They have no argument. Judge askes them how many days do they need to clear the place out they say a month, you say "they have already had a month" "how about a week." The judge says done. They have seven days. After the seven days you post the writ of execution. Call the sheriff they come escort him off the property. Then you get to deal with their stuff. Which has to inventoried and stored in a secure place if the value is over $500 then it has to be sold a public auction, with the notice posted in a paper. You can bid on the items yourself if you like.....The money goes to the county.
Hope that helps not every county is the same.
Ps. When you hire an attorney don't hire a nice guy. You don't have time to waste for someone to move out of your house.
This is great information, it's just what I need. If I don't win the bid on this house I will have good reference material for deals in the futher. Thanks agin everyone.
My understand is that ...
It is a 3 day notice to pay or quit if the person is RENTING the property.
For an owner (or previous owner) it is a 30 day notice to pay or quit.
Please correct me if I am wrong.
Hope This Helps,
Mrs. Meltzer
In California with our new Govenor Schwarzenegger it is a 3 - day notice to quit.
NOTICE IS HEREBY GIVEN that within three (3) days after service on you of this notice, you must surrender possession of the premises described above to the owner or the owner's agent,. If you fail to vacate and surrender possession of the premises within the three-day period, legal proceedings will be commenced against you to recover possession of the premises, and to recover a judgment for TREBLE damages for your unlawful detention of the premises, together with costs of suit.
You are remaining in possession of the premises after title has been transferred to the owner, and said title has been duly perfected by recording the deed with the county clerk., and you remain in possession without the permission of the owner. This notice is served pursuant to California Code of Civil Procedure Section 1161a
Use these forms:
h t t p : / / w w w . w i m e r . n e t / l a n d l o r d / f r e e f o r m . h t m
Look for form:
3 Day Notice to Terminate Tenancy
only Use this only after the Sale of the Property Pursuant to Deed of Trust
After you serve, send the attorney to file the unlawful detainer...
Good luck
Ps. I like the idea to go to court to find a good attorney. Nothing like watching them in action....