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.
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