Vacating A Property In GA
I have filed the dispossessary and the former owner(resident) has responded to dispose. Now we go to court! WHat should I expect and why do they try to stay after the foreclosure sale?
What do I need for the hearing? I'll have the assignment and DUP, do I need anything else? Any words of wisdom from those who have gone through this in GA would be greatly apreciated!
Thanks.
what was the response?
I was told he filed to dispose my reposession.
well make sure you have the DUP for court. Ive had to disposses a guy in Cobb before, and basically it goes down pretty easily. The judge will hear the occupant's detail of how he got the shaft by staying in a house and not paying for it and then will order him out within 7 days. Try and ask for a judgment for costs and associated fees at this hearing if you want them.
If she/he isnt out in the 7, then get a company that can help you move his crap to the street. A sheriff will meet you at the house and clear out all the guys guns and then your company can start littering your front lawn with his possessions. If this is the case you will then need to get a dumpster so you can get it all carted away.
If you think he's solvent or works you can go back to court and get a judgment against him for the costs of moving. But that could be a big waste of time in most cases.
Hope it helps.
What cost can I ask for? Obviously the filing cost but can I ask for anything else such as interest on my loan or cost of my time?
Do I simply ask the judge after/before his judgement for my cost? Does it have to be broght up at any specific time?
Thanks again!
well if you are an attorney you can ask for costs for the time, you might even be able to ask for it if you are not an attorney. If you think this person has money or may own other property then I would definately ask for compensation for missing work, just explain it to the judge during your argument.
Basically its gonna go down like this, Judge will ask you since you are the plaintiff in the matter to prove that you are owner of the property, you will do this by showing your DUP.
He will then find out from the defendant if he has any rental agreement with you or why he hasn't moved out of a house that he no longer owns/pays for.
After his answer, with the case going in your direction let the judge know that you want a judgment for costs of the action, compensation for having to bring this matter to the court and compensation for the time frame you've owned the property that he has lived in for free. The judge may or may not allow it - but its worth asking for, if the defendant looks like he has money.
Oh btw Ive been assuming this whole time that you've bought this property as a foreclosure (the DUP) and you were not an owner of the property renting it to this defendant.
Your assumption is correct. I bought it at the September sale. I was hoping the giuy would pack up and leave but he has informed my he plans on sttaying for hte long haul. If I receive the judgement, the defendant can still appeal, correct? This would mean he gets to stay longer?
Negative, hes out out out!
Like I said I had the same situation, the guy didnt leave after the judge gave him 7 days and the sheriff and an eviction company met me at the property and helped me move him.
I really dont see that he has any basis for an appeal.
Make sure you let the judge know how much this guy is costing you by not vacating! And that people in America pay to have homes...loller
GL[ Edited by razzio on Date 09/27/2004 ]
Thanks for your help, makes me feel a little better about the whole process. Did it take long to get your court date? The defendants response was received today. The lady at the courthouse said she would push it through..hope it's quick!
Do you have a copy of the security deed? If not go to the courthouse before court and get a copy, because that will refute the last 2 answers.
Everyone lives for free right? sarcasm owns
As far as the notice, you are right Mcalla et al handles 80% of the foreclosures in georgia, probably well over 500 a month.
My response to the notice argument, is sure you didnt know that by not paying your mortgage you wouldn't be foreclosed upon
btw who was the lender?
McCall and Raymer sent me the supporting documentation. He was mailed all notifications, he did not sign for them, that doesn't matter. His SD did have a statement about Power Of Sale and he did sign it. Lastly and most importantly, I pulled this from the Mccurdy & Candler website, "The tenant(s) may not challenge the validity of the foreclosure proceeding at this hearing. " This refers to the eviction hearing in the Magistrate court. Sounds like he has zero basis and even if he did, I have proof against him on all items.
Thanks for your help Razzio!
For anyone following this, the hearing was today. I was fully prepared but all the Judge asked me for was the DUP which I provided. He then took the next ten minutes explaining the process to the defendant so that he understood I now owned the house and he had to get out. He did give him ten days(2 weekends) instead of the seven required by GA law. He also explained that if he damaged the property it may be a crimianl offense.
DId he award you any dough$?
10 days is absurd imo, but glad its almost over for you.
DId he tell you what you will need to do if he doesn't vacate?
He wouldn't give me any dough except for the filing fee and said good luck getting it. He did explain the process if they are not out by 9am Oct 18