When talking with co-workers and laughing about the comedy of errors and funny excuses from our previous homeowners, a new blog name was suggested: "My Flipping Nightmare". I kinda like it.
But our previous homeowners have still not moved out. They were to call me Tuesday at lunch time to confirm they were out. But alas, again no call. Wednesday I contacted our attorney and advised it was time to move forward with the Summons and Complaint, as they needed to be out. He promptly prepared the Summons and Complaint and it is out for service.
Just after talking with my attorney, I received a voice mail from the son of the previous homeowner. "Say, Steph, I have this old phone and can't find a charger so only have one bar. What do you think? Can we be out by Saturday?"
What? By Saturday? I made a return call. And after him rambling about his phone, being at Verizon, having a wake and funeral (mind you this is the second funeral that has delayed their move) he asked if they could have until Saturday.
NO! You need to be out. I reminded him that they have known about this in actuality since the original sale on Feb 27, 2013. And subsequent were served with notices to vacate. I further emphasized, because I did not feel they were making a good faith effort to move out and there is a pending Nuisance Complaint now against me due to their lack of upkeep, they needed to be out. I further advised that I was proceeding with the eviction and if they had any questions on paperwork and their rights they should seek legal counsel, but they were illegally in the home and I was moving to force them out.
"So can do we have until Saturday?", he responds.
"Um, no. You need to be out now."
I followed the phone call with a drive by. There is no progress and in fact more possessions strewn across the front yard and driveway.
Around 4 pm on Wed, Sept 24 I received a call from the Health Department. They made a drive by and no progress was made. While the representative was very nice and is holding off on the complaint, I know he is anxious to get things cleaned up. IN the course of the conversation, I granted him permission to give the neighbors making the complaint my name and number. As I wanted to be a good neighbor, I would be happy to speak with them so they knew the plan and timeline. The representative gave me the name of the main neighbor.
I gave him a call and had a very nice conversation. He was understanding but most of all very pleased that we were not just going to turn around and rent it out and that we were engaging help to move them out. He also said he'd give us a call if they saw anything being pulled out of the house that shouldn't, ie copper pipes, wood work etc.
My attorney called shortly thereafter. He had faxed the paperwork to the process server and it was out. Cross your fingers that it is served quickly. Once served they have 4 days in which to answer. No answer and we get a default and can go with a sheriff and forcibly remove them from the home. An answer and we go to court and they have to explain why they have not moved out.
And so we wait...some more.
Thursday, September 26, 2013
Sunday, September 22, 2013
Second Extention to Vacate Passes and the Excuses Continue
So the second extension to vacate of Saturday, Sept 21, 2013 at 5:00 pm had come and gone. I however did receive a phone call from the previous owner's son, but not to tell me they were out, rather that they were getting close. This time the excuse was due to the owner of the storage facilitated. They had been given the wrong combination and the business was not returning their phone calls. He proceeded to tell me the fridge and stove were not working and asked if it was ok for the friend who was helping them move things, could remove them. He told us he was going to take them for scrap. Um, Ok? Was it a story or the truth? So they've been living in the home with a non-working fridge and stove? Sounds suspicious to me. So, NO, they did not have my permission to remove the fridge and stove. I would determine their usability and if necessary make arrangements to have them removed.
Now when the son called, my family and I were three (3) hours west at a convention and would not be returning until Sunday afternoon. I indicated he should contact me Sunday evening and we could discuss the situation. This gave him a bit of extra time, but more importantly for me to stay level-headed, as well as talk through options with my hubby.
After our return from the convention, the hubby and I made a drive by. Sitting motionless on the front porch, with her back to the street, was the previous owner. I found this very odd. There was no other activity and the son's car was parked in the street and the red van was in the driveway. The garage was wide open and we could see a small amount of items on the garage floor. The old gray van which previously sat unmoved with the hood open for 6 months was now parked on the street. Yeah. I may not have deal with an abandoned vehicle. The front yard, however remained full of household items. While the items were different than the previous drive by, there was still A LOT of stuff in the yard. I still fret over the backyard. I know from the Health Inspector and the previous owner's son's comments that there is possibly a dog house and dog run, a swing set that got smashed by the trees that fell in the March ice storm and some garbage bags. We go about our business and wait.
Sunday 8:45 pm and no call. I picked up my cell phone and gave them a call. The son answered promptly and as usual was cordial and thanked me over and over for being to accommodating. Ok, but you are still in my house! I proceeded to inquire about the status of the move, noting that when we drove by today, there didn't appear to be much progress as the front yard was still filled with misc items. He noted they had made lots of progress over the last week, but with his mother having a bit of dementia, her taking things back in the house as he removed them, and his buddy helping move losing his phone, they weren't quite out of the house. He also proceeded to tell me that his sister was coming into town tomorrow and would really appreciate a few more days.
DEEP BREATH! It was at this point in the conversation, I reminded him that they have known about the deadline to vacate since the Sheriff's Sale on Feb 27, 2013 and that for all intents and purposes he was living rent free on my dime. In addition we have the City Health Department who could come out a any time and do a cleanup and place a lien against the house, which is now in my name, for the expenses. While he was quick to tell me he didn't want us to incur any additional expense and that he would take care of it, I highly doubt that if it does happen he would promptly pay the bill.
The sister coming to town piqued my interest. Using my ever-so-nice "tell me more" kindergarten teacher voice, I inquired on their plans upon her arrival. The son proceeded to tell me that she was coming to help - get mom out of the house so they could remove all their possessions. She was taking things back in the house and was not moving on easily. While I understand and have empathy for their situation, they are trespassing. I agreed to allow them time to assess things with his sister, however, my options were to move forward with the eviction (court hearing with summons and complaint) or have them execute a short term lease for the premises in the amount of $50 per day, with the charge beginning today, as the second extension had expired.
There was silence on the phone. He reluctantly agreed and promised to call me tomorrow following his sister's arrival and we would make arrangements to meet in a public place to sign the lease and make payment.
I then asked if it would be helpful to them if our debris removal contractor dropped off a dumpster. It would be easier for me if they just threw things they were not taking as opposed leaving them for me to clean up and remove. He was quite adamant they did not intend to leave us a mess. That they were moving everything. In the back of my head was running episodes of 'Hoarders'. While I haven't seen the house, I would bet it is full of treasures, of which the previous owner has a personal attachment to each and every item. They are her belongings, she owns them and is going to take every last item, whether of value or not. Oh man! What I have gotten myself into. I thanked him for the effort not to leave us with a lot of items and expense. And reminded him to call us after his sister's arrival.
Back to watching the Emmy's. I can't wait to hear the excuses, 'er, explanation on the next call.
Now when the son called, my family and I were three (3) hours west at a convention and would not be returning until Sunday afternoon. I indicated he should contact me Sunday evening and we could discuss the situation. This gave him a bit of extra time, but more importantly for me to stay level-headed, as well as talk through options with my hubby.
After our return from the convention, the hubby and I made a drive by. Sitting motionless on the front porch, with her back to the street, was the previous owner. I found this very odd. There was no other activity and the son's car was parked in the street and the red van was in the driveway. The garage was wide open and we could see a small amount of items on the garage floor. The old gray van which previously sat unmoved with the hood open for 6 months was now parked on the street. Yeah. I may not have deal with an abandoned vehicle. The front yard, however remained full of household items. While the items were different than the previous drive by, there was still A LOT of stuff in the yard. I still fret over the backyard. I know from the Health Inspector and the previous owner's son's comments that there is possibly a dog house and dog run, a swing set that got smashed by the trees that fell in the March ice storm and some garbage bags. We go about our business and wait.
Sunday 8:45 pm and no call. I picked up my cell phone and gave them a call. The son answered promptly and as usual was cordial and thanked me over and over for being to accommodating. Ok, but you are still in my house! I proceeded to inquire about the status of the move, noting that when we drove by today, there didn't appear to be much progress as the front yard was still filled with misc items. He noted they had made lots of progress over the last week, but with his mother having a bit of dementia, her taking things back in the house as he removed them, and his buddy helping move losing his phone, they weren't quite out of the house. He also proceeded to tell me that his sister was coming into town tomorrow and would really appreciate a few more days.
DEEP BREATH! It was at this point in the conversation, I reminded him that they have known about the deadline to vacate since the Sheriff's Sale on Feb 27, 2013 and that for all intents and purposes he was living rent free on my dime. In addition we have the City Health Department who could come out a any time and do a cleanup and place a lien against the house, which is now in my name, for the expenses. While he was quick to tell me he didn't want us to incur any additional expense and that he would take care of it, I highly doubt that if it does happen he would promptly pay the bill.
The sister coming to town piqued my interest. Using my ever-so-nice "tell me more" kindergarten teacher voice, I inquired on their plans upon her arrival. The son proceeded to tell me that she was coming to help - get mom out of the house so they could remove all their possessions. She was taking things back in the house and was not moving on easily. While I understand and have empathy for their situation, they are trespassing. I agreed to allow them time to assess things with his sister, however, my options were to move forward with the eviction (court hearing with summons and complaint) or have them execute a short term lease for the premises in the amount of $50 per day, with the charge beginning today, as the second extension had expired.
There was silence on the phone. He reluctantly agreed and promised to call me tomorrow following his sister's arrival and we would make arrangements to meet in a public place to sign the lease and make payment.
I then asked if it would be helpful to them if our debris removal contractor dropped off a dumpster. It would be easier for me if they just threw things they were not taking as opposed leaving them for me to clean up and remove. He was quite adamant they did not intend to leave us a mess. That they were moving everything. In the back of my head was running episodes of 'Hoarders'. While I haven't seen the house, I would bet it is full of treasures, of which the previous owner has a personal attachment to each and every item. They are her belongings, she owns them and is going to take every last item, whether of value or not. Oh man! What I have gotten myself into. I thanked him for the effort not to leave us with a lot of items and expense. And reminded him to call us after his sister's arrival.
Back to watching the Emmy's. I can't wait to hear the excuses, 'er, explanation on the next call.
Monday, September 16, 2013
Did they move out?
09.15.13 I had a missed call on the cell. I recognized the number. It was the son of the previous owner of our foreclosure. I knew exactly what was coming...with their deadline to vacate on or before 09.16.13 at 5:00 pm fast approaching and a front yard full of possessions...my guess was a request for more time. I returned the call, getting his voicemail. I left a cordial voice mail...this is Steph, returning your call. You can contact me at xxx-1234.
09.16.13 Received a return call from the son of our previous owner. They needed some more time. He didn't realize his mother had so much stuff and with working, he just hadn't gotten through everything. Now mind you - the front yard has had an ever-growing lot of household items, chairs, lamps, what appears to be odd-n-ends from a many, many junk drawers, along with empty boxes, items covered in blue tarps and garbage bags, I assume full of more possessions - they are getting everything moved onto the front yard.
I am now faced with the dilemma: is it time to play hard ball and simply say out or make another accommodation in hopes of limiting damage, garbage and other headaches.
I don't make a decision on the phone and let the son know that our intention was to move forward with the eviction on Tuesday morning, but I would speak with my attorney and be back with him in a couple hours. I called our attorney. A quick update on the previous owners request and we resolve to grant a second extension. Minimum costs to proceed with a summons and complaint is estimated at $1500. Granted the court could order the previous owner to pay the costs, but I'm guessing since they haven't paid on the mortgage since 2008 (yes 2008) I'm not going to collect the court costs.
I call the previous owner's son back and advise, our hesitation in allowing another extension, however contingent upon an inspection of the home and yard to ensure they are making a good faith effort to vacate, we will grant an extension to Saturday, Sept 21 at 5:00 pm.
He was very thankful and becomes quite talkative. So I ask, "What do we really have there?.
Stop back soon for more on my conversation.
09.16.13 Received a return call from the son of our previous owner. They needed some more time. He didn't realize his mother had so much stuff and with working, he just hadn't gotten through everything. Now mind you - the front yard has had an ever-growing lot of household items, chairs, lamps, what appears to be odd-n-ends from a many, many junk drawers, along with empty boxes, items covered in blue tarps and garbage bags, I assume full of more possessions - they are getting everything moved onto the front yard.
I am now faced with the dilemma: is it time to play hard ball and simply say out or make another accommodation in hopes of limiting damage, garbage and other headaches.
I don't make a decision on the phone and let the son know that our intention was to move forward with the eviction on Tuesday morning, but I would speak with my attorney and be back with him in a couple hours. I called our attorney. A quick update on the previous owners request and we resolve to grant a second extension. Minimum costs to proceed with a summons and complaint is estimated at $1500. Granted the court could order the previous owner to pay the costs, but I'm guessing since they haven't paid on the mortgage since 2008 (yes 2008) I'm not going to collect the court costs.
I call the previous owner's son back and advise, our hesitation in allowing another extension, however contingent upon an inspection of the home and yard to ensure they are making a good faith effort to vacate, we will grant an extension to Saturday, Sept 21 at 5:00 pm.
He was very thankful and becomes quite talkative. So I ask, "What do we really have there?.
Stop back soon for more on my conversation.
Saturday, September 14, 2013
Daily Drive By Update
09.14.2013 Daily Drive By's In Progress
At the suggestion of our attorney, we are keeping a close eye on our foreclosure. Today's drive by at 2:45 pm revealed more items in the front yard and the abandoned vehicle with the hood up and filled with belongings of some sort. In the drive-way was the previous owners Red Chevy Astro Van, with her son's Oldsmobile absent. We noticed the house for sale next door has an open house tomorrow. Am thinking about visiting, perhaps getting a look in the backyard from the neighbors.
After arriving home, I researched South Dakota Law regarding abandoned vehicle(s). To my surprise, there is an easy method to dispose of an abandoned vehicle, and at no expense to me. We must contact a Removal Agency (towing company), give written permission as the landowner or tenant stating the vehicle is abandoned. They come get it - can get owner info from the DMV - and send a notice to the owner. In South Dakota, the vehicle owner has 30 days in which to claim and pay for the towing and storage. Sounds like a plan to me!
We now have the debris covered, abandoned vehicle covered and should we need carpet removed, the debris removal company will take care of that.
So now we wait...
At the suggestion of our attorney, we are keeping a close eye on our foreclosure. Today's drive by at 2:45 pm revealed more items in the front yard and the abandoned vehicle with the hood up and filled with belongings of some sort. In the drive-way was the previous owners Red Chevy Astro Van, with her son's Oldsmobile absent. We noticed the house for sale next door has an open house tomorrow. Am thinking about visiting, perhaps getting a look in the backyard from the neighbors.
After arriving home, I researched South Dakota Law regarding abandoned vehicle(s). To my surprise, there is an easy method to dispose of an abandoned vehicle, and at no expense to me. We must contact a Removal Agency (towing company), give written permission as the landowner or tenant stating the vehicle is abandoned. They come get it - can get owner info from the DMV - and send a notice to the owner. In South Dakota, the vehicle owner has 30 days in which to claim and pay for the towing and storage. Sounds like a plan to me!
We now have the debris covered, abandoned vehicle covered and should we need carpet removed, the debris removal company will take care of that.
So now we wait...
Friday, September 13, 2013
So how do we get them out of there?
Weekly drive-bys during the redemption period revealed not only was the original homeowner still in the home, but she also had her adult son (and a husky dog) living with her. There was a continual rotation of garbage and misc belongings in the front yard (yes the front yard). We owned the house and wanted possession.
We had the previous owner and any tenants served with a 3 Day Notice to vacate. They called our attorney and stated they would be out by Tuesday, Sept 10, 2013. But Monday, Sept 9, they called our attorney again. The previous owner had gotten overheated moving and they would need a few days. Ok. So do we play hardball and holdfast to the vacate date or accommodate so that they don't damage the house any further? We agreed to extend the date in which they were required to vacate to Monday, Sept 16 by 5:00 pm central time. The plan, if necessary, is to proceed with the next steps in the eviction process beginning Tuesday, Sept 17 - a summons/complaint for failure to comply with the Notice to Vacate and Quit. In South Dakota, there is an expedited hearing, as soon as 4 days.
Now we wait some more!
09.13.2013 Status of the House
During the redemption period was a terrible ice storm that caused millions of damage across the City. Our foreclosure was not spared. But alas, our 'tenants' made very little effort to clean things up. They removed branches from the drive way - but the Health Department tells me the backyard is full of branches.
Yes! The Health Department is involved.
We received a Notice to Abate Nuisance for our property, with 14 days in which to act or the City would do the clean up and send us a bill via a lien against the property. After a call to the Health Department explaining the situation, the inspector was willing to work with us. He gave us information about the property, the violations the 'tenants' had created and also gave us suggestions on how to attack the problem.
Now the garbage, household items, along with an non-working van litter the front yard and driveway. But our 'tenants' are still there. While patiently waiting for 09.16 to arrive, we continue to monitor the home.
What is our plan?
Hopefully, our 'tenants' will vacate quietly - with or without their junk. In the case of the former, we have made arrangements with a local debris removal company to come in as soon as we get possession and remove all the backyard full of branches and downed trees, a dog house and run full of garbage bags (note the 'tenants' do not have a garbage receptacle so assume they have allocated the dog run as their dump), a front yard full of misc household goods, a non-working old van and who knows what in the house. We are ready to get it cleaned up...just need to get the previous owner out.
Say a prayer for us and hope things go smoothly.
We had the previous owner and any tenants served with a 3 Day Notice to vacate. They called our attorney and stated they would be out by Tuesday, Sept 10, 2013. But Monday, Sept 9, they called our attorney again. The previous owner had gotten overheated moving and they would need a few days. Ok. So do we play hardball and holdfast to the vacate date or accommodate so that they don't damage the house any further? We agreed to extend the date in which they were required to vacate to Monday, Sept 16 by 5:00 pm central time. The plan, if necessary, is to proceed with the next steps in the eviction process beginning Tuesday, Sept 17 - a summons/complaint for failure to comply with the Notice to Vacate and Quit. In South Dakota, there is an expedited hearing, as soon as 4 days.
Now we wait some more!
09.13.2013 Status of the House
During the redemption period was a terrible ice storm that caused millions of damage across the City. Our foreclosure was not spared. But alas, our 'tenants' made very little effort to clean things up. They removed branches from the drive way - but the Health Department tells me the backyard is full of branches.
Yes! The Health Department is involved.
We received a Notice to Abate Nuisance for our property, with 14 days in which to act or the City would do the clean up and send us a bill via a lien against the property. After a call to the Health Department explaining the situation, the inspector was willing to work with us. He gave us information about the property, the violations the 'tenants' had created and also gave us suggestions on how to attack the problem.
Now the garbage, household items, along with an non-working van litter the front yard and driveway. But our 'tenants' are still there. While patiently waiting for 09.16 to arrive, we continue to monitor the home.
What is our plan?
Hopefully, our 'tenants' will vacate quietly - with or without their junk. In the case of the former, we have made arrangements with a local debris removal company to come in as soon as we get possession and remove all the backyard full of branches and downed trees, a dog house and run full of garbage bags (note the 'tenants' do not have a garbage receptacle so assume they have allocated the dog run as their dump), a front yard full of misc household goods, a non-working old van and who knows what in the house. We are ready to get it cleaned up...just need to get the previous owner out.
Say a prayer for us and hope things go smoothly.
The Redemption Period Has Passed
08.28.2013 The 180 day redemption period has passed!
I visit our attorney on 08.26 to review and pick up the Deed to present to the Sheriff. All is in order.
On 08.28.2013 I made arrangement to visit the Sheriff's Office at 3:00pm. All went smooth. So off I marched to the Registrar of Deeds. The executed original Sheriff's Deed, a $30 filing fee and it was official. We now owned the home.
I visit our attorney on 08.26 to review and pick up the Deed to present to the Sheriff. All is in order.
On 08.28.2013 I made arrangement to visit the Sheriff's Office at 3:00pm. All went smooth. So off I marched to the Registrar of Deeds. The executed original Sheriff's Deed, a $30 filing fee and it was official. We now owned the home.
Our Adventure in a Foreclosure Flip
02.27.2013 The Adventure Begins
The adventure started on the steps of the Minnehaha County Courthouse. With the exception of one banker, a homeowner wanting to see the outcome of her home's sale and another bidder, it was a Sheriff's Deputy and the Clerk. The house we were interested in buying came up - the notice was read and the clerk began taking bids. The bank bid, followed by the other bidder. I let them go back and forth in $100 increments. A pretty painful experience. Then came the large pause. The bid was still under my set limit (limit that my hubby and I had agreed to pay for the foreclosure). I threw out my bid and added "including fees". In South Dakota, if you aren't the bank you pay an approximate $1800 fee on top of your bid. The clerk took the bid and waited. The other bidder raised $100 (seriously?). I raised $100. Silence. Once, twice, thrice...I had just purchased a small two bedroom home in a nice neighborhood.
After providing my information to the clerk, I was off to the bank. I was required to return by 3:00 pm with a cashier' check for the purchase amount, along with a prepared Certificate of Sheriff's Sale.
To the banks credit, they gave us their attorney's number, and advise he would be willing to review the paperwork and assist - at no cost to us. Wow! A stop at the bank withdraw funds and have a cashier's check issued. A call to the attorney. A half hour of paperwork. Back to the Sheriff's Office I went. Within minutes, I was given the Certificate of Sheriff's Sale to file at the Registrar of Deeds. Luckily the Sheriff's Office and County Offices are located within the same block. I walked over and proudly filed my Certificate of Sheriff's Sale. Of course, with the $30 filing fee.
Now what?
We wait: South Dakota has a 180 day redemption period (60 if the property is vacant). But the previous homeowner was still in the home. Sigh.
We get insurance placed on the structure: Check. Added to our current homeowner's policy.
We insure that property taxes are paid: 2012 had not yet been paid, with 1st half due by April 1. Made the payment.
Then you start planning and organizing: I created a file to organize all the paperwork. Started a spreadsheet to track expenses and interest (should the previous homeowner choose to redeem). In my research, I found the homeowner's original mortgage was $26,000 at 15.1% interest. Oh my. And according to State Law, should the homeowner redeem, they would have to pay that interest rate on the purchase amount, along with any other expenses I incurred. I also found an IRS Tax Lien on the property for in excess of $24,000, along with several collections and past property taxes. But because the loan foreclosed was in 1st position, these were not an issue. All but the tax lien were wiped out by the foreclosure and the IRS had 120 of the 180 days to redeem.
Now we owned a second home, had 'tenants' living there essentially rent free but no access. Boy - this could be wild ride.
The adventure started on the steps of the Minnehaha County Courthouse. With the exception of one banker, a homeowner wanting to see the outcome of her home's sale and another bidder, it was a Sheriff's Deputy and the Clerk. The house we were interested in buying came up - the notice was read and the clerk began taking bids. The bank bid, followed by the other bidder. I let them go back and forth in $100 increments. A pretty painful experience. Then came the large pause. The bid was still under my set limit (limit that my hubby and I had agreed to pay for the foreclosure). I threw out my bid and added "including fees". In South Dakota, if you aren't the bank you pay an approximate $1800 fee on top of your bid. The clerk took the bid and waited. The other bidder raised $100 (seriously?). I raised $100. Silence. Once, twice, thrice...I had just purchased a small two bedroom home in a nice neighborhood.
After providing my information to the clerk, I was off to the bank. I was required to return by 3:00 pm with a cashier' check for the purchase amount, along with a prepared Certificate of Sheriff's Sale.
To the banks credit, they gave us their attorney's number, and advise he would be willing to review the paperwork and assist - at no cost to us. Wow! A stop at the bank withdraw funds and have a cashier's check issued. A call to the attorney. A half hour of paperwork. Back to the Sheriff's Office I went. Within minutes, I was given the Certificate of Sheriff's Sale to file at the Registrar of Deeds. Luckily the Sheriff's Office and County Offices are located within the same block. I walked over and proudly filed my Certificate of Sheriff's Sale. Of course, with the $30 filing fee.
Now what?
We wait: South Dakota has a 180 day redemption period (60 if the property is vacant). But the previous homeowner was still in the home. Sigh.
We get insurance placed on the structure: Check. Added to our current homeowner's policy.
We insure that property taxes are paid: 2012 had not yet been paid, with 1st half due by April 1. Made the payment.
Then you start planning and organizing: I created a file to organize all the paperwork. Started a spreadsheet to track expenses and interest (should the previous homeowner choose to redeem). In my research, I found the homeowner's original mortgage was $26,000 at 15.1% interest. Oh my. And according to State Law, should the homeowner redeem, they would have to pay that interest rate on the purchase amount, along with any other expenses I incurred. I also found an IRS Tax Lien on the property for in excess of $24,000, along with several collections and past property taxes. But because the loan foreclosed was in 1st position, these were not an issue. All but the tax lien were wiped out by the foreclosure and the IRS had 120 of the 180 days to redeem.
Now we owned a second home, had 'tenants' living there essentially rent free but no access. Boy - this could be wild ride.
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