Thursday, September 26, 2013

My Flipping Nightmare :)

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.

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