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You have to occupy an abandoned piece of real estate for several years to claim adverse possession. In some states, you also have to pay property taxes (which the seller hadn't even been doing). This is just plain old trespassing.
I'm not a lawyer, but it doesn't look like a situation like this is covered by the CDC moratorium on evictions, which comes with lots of conditions and does allow certain evictions--it's probably a California thing, where they've outstupided everybody with the "strongest eviction protections in the nation."
This is taking place in Texas. Also, the language of the moratorium covers "No, the moratorium only covers claims solely for non-payment of financial obligations (rent, fees, etc.). "
This isn't a rental situation. There is no non-payment of money.
This is taking place in Texas. Also, the language of the moratorium covers "No, the moratorium only covers claims solely for non-payment of financial obligations (rent, fees, etc.). "
Perhaps there are similar situations taking place in Texas, but the story here is in Los Angeles.
Which moratorium do you mean? The CDC moratorium covers specific situations (see link in my previous post). Fraud and trespassing aren't among them.
Quote:
Originally Posted by charlygal
This isn't a rental situation. There is no non-payment of money.
Makes me glad I lived in states where possession is upon closing and vacant at walk-through can be enforced.
If you wrote in the contract, house to be vacant 24 hours before closing, you could do that. It doesn't mean the seller would take your offer if they needed more time, but it is always an option to write it in.
Possession is at 5 pm that day of closing here, but rent backs are really common. Maybe we are just nicer?
Here's a story on a cash sale where the seller won't leave.
Realtors, what is this legally? I don't understand the talk about the moratorium on evictions. This was never a landlord/tenant situation. Isn't this illegal occupancy or trespassing? It was a cash sale that was fully executed beginning to end.
a. your society becomes litigious, not common-sense.
b. you have a government that tries to "help" the citizens "in need".
the people severely economically-harmed by Covid (ie, couldn't pay their bills, when they could before) were those whose hours/income were cut, but they were still employed.
The unemployed have been paid 100% (in all) of the income they were paid before - so why haven't they paid their rent?
The unemployed have also received stimulus checks, money they didn't ever have.
Unemployment today is 6.2%, which is no higher than it was for 3/4 of Obama's term (mid-2014), and incomes have risen.
Late payments - be they renters or mortgage-payers (including forbearance) - are 6MM households. That's MAYBE 4% of the total.
So, in order to "protect" whatever portion of the 4% truly cannot pay the rent, places like CA put rules in place that negatively effect everyone else.
If you wrote in the contract, house to be vacant 24 hours before closing, you could do that. It doesn't mean the seller would take your offer if they needed more time, but it is always an option to write it in.
Possession is at 5 pm that day of closing here, but rent backs are really common. Maybe we are just nicer?
see, different markets, different rules or "practices". If OR Law says 5 pm, great. In theory, possession = recording.
For years, our "practice" was Seller leaves by night before, Buyer walk-through, sign the paperwork, Buyer gets keys, attorney records.
And then "some people" started screwing it up. Whether it was the lender not getting the money to the attorney or worse, not getting the docs to the atty in time to record (with a 4:30 deadline), then it became "You can have the keys (possession) when the attorney says it is recorded!"
And yes, we have Sellers that, to this day, think they don't need movers until day of/after closing, be that hours or 3 days.
A lot of it depends on agents "doing their job" and the parties understanding how it works.
We had some concerns about the sellers on the house we recently bought not being gone by closing due to some comments they made to the realtor. We made it clear that we expected the house to be empty at the final walkthrough the night before closing. It was. Seems like that would be a normal thing to require, no? I suppose the seller could still refuse to turn over the keys, but if all the furniture and such has been removed that would be a pretty good sign to me. Did that not occur here?
It seems to me you would get a vibe from the seller - in fact my RE attorney told us when we bought THIS house (FSBO) make sure they get out the day before or you will be living with them. We did the walk through the night before and insisted they were out at that time (they were). I saw this story on the news and couldn't help but wonder who was advising these poor buyers.
We had some concerns about the sellers on the house we recently bought not being gone by closing due to some comments they made to the realtor. We made it clear that we expected the house to be empty at the final walkthrough the night before closing. It was. Seems like that would be a normal thing to require, no? I suppose the seller could still refuse to turn over the keys, but if all the furniture and such has been removed that would be a pretty good sign to me. Did that not occur here?
Exactly. I bought a bank owned property which the owner had defaulted on. Renters were in the house and hadn't paid in months. My agent made it clear to the seller representing the bank the property had to be delivered empty. Ultimately it was after I gave the "renters" $650 for a water heater they recently purchased they decided to vacate.
Exactly. I bought a bank owned property which the owner had defaulted on. Renters were in the house and hadn't paid in months. My agent made it clear to the seller representing the bank the property had to be delivered empty. Ultimately it was after I gave the "renters" $650 for a water heater they recently purchased they decided to vacate.
You got off cheap.
At one time I offered our deadbeat renters $5,000 cash for keys. They refused.
They got caught up on the rent and then a year later stopped paying again. I filed for eviction. Then they wanted the $5,000 cash. I said, "Sorry, that offer has expired."
Sometimes a seller cannot be out by closing date for some reason and it is not desirable to reschedule the closing for some reason so a "lease back" is implemented. I would never agree to that. Most of the time it is a non-issue but it opens the door to all kinds of screwy problems. Last year my buyer agent ensured our contract required seller out by end of day preceding closing and we would do the walk-thru in the morning with closing at 1pm. She also made sure seller's agent had possession of the key. A few issues popped up in the walk-thru like drapes that were specified to be left had been removed (I don't think the seller wanted them and they said they had instructed their movers to leave them) and our agent got on the phone and got it resolved with the seller agent.
In this story, I saw a printed article that said the seller was requiring cash, immediately, on a Sunday night, outside of a title company closing. All the red flags of a con job. Probably wouldn't have consented to a required walk-thru and pre-closing vacancy. The buyers made a huge mistake and I wonder if they even used a buyer agent. I'll bet they thought they were getting the property dirt cheap and were too greedy to see the warning signs.
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