Problem With Seller's Brother
Help!
I have the deed and am waiting to hear back from the bank about my offer. The seller has moved out - the house is completely trashed - but her brother is still there and leaves his 2 dogs inside for upto 24 hours...you can imagine...
Can I change the lock and serve him with a notice of eviction? I want this property regardless of whether the s/s goes through, so I'm in it for the long-haul. Any suggestions?
Thank you!
"desperately seeking advice" 
How long has the brother an his dogs been in the house? If it has been a long time, then a couple more weeks will not produce much additional damage. Whatever you do, do not clean up the house prior to your BPO. A trashy house produces much better results on the BPO.
Brenda
Thanks for responding!
There has already been a BPO and the guy was horrified.
But now I need to start cleaning the place up and the brother is a very shady character to say the least, so I want him gone. Isn't he technically tresspassing?
Thanks again!
polina
Have you recorded the deed? How much does this guy know. Could he mess up your deal with the bank?
I would try the nice approach first. Meet with him and explain that his sister signed over the house to you and you are the new owner. You need the house vacant to complete the required repairs. The contractor is coming by sometime next week to start. How can you help him? Let him come up with the ideas. But always the best is to offer $200 moving money that he gets when he is moved out.
If the nice approach does not work then you try the strong approach.
Brenda
The deed has not been recorded and the guy is aware that I have taken ownership. Unfortunately, he's the type to take advantage and I have already spoken to him on several occasions, very nicely, about leaving. He seems to be playing dumb.
Of course I would rather not go through the trouble of an official eviction, but if it comes down to using tough measures am I within my rights to at least change the locks and call Humane society to pick up his animals?
Thanks for your input!
polina
It is my opinion that you should wait until you close on the house. Even if you have the deed many states do not recognize it until it is recorded. And recording a deed may very well kill your short sale. It sounds as though you can get a great deal on this property so I would just wait happily until you can force an eviction.
Now...you say that this guy is likely just trying to push his limits. Just keep talking to him nearly every day. Post 3 day notice, etc. If you can get him to move out nicely then you should be in better shape.
Offer the bloke some u-haul money.
C-
I think you guys are right - I will offer him some money to leave...but...what if he takes the money and doesn't leave?? It may be another 2-3 weeks before I hear from the bank and another couple before I close...there might not be anything left to salvage if this guy doesn't leave!!
Am I just being impatient?
BTW. I'm in Indiana - does anyone know if the deed is recognized in this state when not recorded?
Thank you all for your input!
polina
If the nice way does not work, try calling the police, if he does not have any utility bills in his name or a lease agreement, they might make him leave.
Good Luck,
Jeff Adam
[addsig]
Thank you all for your input...I shall attempt a cash incentive and hope it works.
polina
I would give him money on the condition that he does not get it until he has moved out.
If he is still not moved out, then I would not push anything until my deal is done and I have recorded the deed. BTW - in Florida if he has no lease and has not paid you rent he is not a tenant so notices and evictions are not applicable. I would not accept any payment from him or he might become a tenant.
Brenda
your cash offer should be made payable JOINTLY to the brother, and to his new landlord, requiring two signatures.
Changing the locks would/could result in charges against you... so play by the rules.
SSP, Thank you very much for answering my "changing the lock" question. And paying this guy's "new" landlord directly is an excellent idea.
Again, thank you to everyone who posted to help. Much appreciated!
polina
ps. I'll let you know how it turns out.
I would tell the sister that you want her brother out of the house or you will give her the deed back and let the bank foreclose. Remind her a foreclosure will damage her credit.