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  1. #21
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    Quote Originally Posted by Goodburbon View Post
    I'd like to show up on their doorstep and tell them "this is legally my house now, you have to leave, NOW. Then enjoy some target practice in the back yard while they packed. No threats, no yelling, just enjoying my new yard...


    Not vigilante.
    All of this is my opinion only. I am not a lawyer I am not offering legal advice.

    #1 he hasnt closed he has no deed or legal right to the property other than his agreement with the sellers
    #2 what you are describing is trespass and felony menacing IMHO
    #3 until legally evicted by the sheriff the residents on that property have the same rights you do to defend your safety on your property. These rights have nothing to do with who holds the deed only residency.


    Obviously he wants the house but its not his problem unless hes crazy enough to close with them in it. The deed may have problems as many do nowadays which may be why they have not been evicted. Many deeds were sold so many times without the person holding the mortgage knowledge in the past decade that significant problems have been created in establishing who owns the deed.
    Some are finding that when they finally pay off their property the deed has become hopelessly fubar, its no longer clear who sold the deed to whom when and where. Sure some guy gives title insurance maybe,,, and if the title insurance company goes under... Squatters are taking advantage of the mess. The other side of the coin is a lot of hard working people who have been paying their mortgage for years have been screwed. The solution in hindsight is to not have the lendor be able to sell the mortgage without the lendee's permission. The damage is already done however, its a huge mess. Im just guessing but its wierd that they havnt been evicted yet. If and when they get evicted I would certainly have a lawyer unconnected with the sellers of the property (not title insurance dude in their pocket) look at that deed which is not a bad idea nowadays regardless. My two cents for what its worth.

  2. #22
    Don of the Asian Mafia ChunkyMonkey's Avatar
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    Quote Originally Posted by HBARleatherneck View Post
    as soon as we close, i will rip out the carpets, they are nasty. this will be an empty house for days. hotels use them all the time, with the beds, bedding and carpet.

    i wonder how your house was overdosed.
    A non traditional way is to call Colorado Child protective service if they have children or code enforcement if you are within a municipality. Typically, I have better results through them and trying to evict them myself. Sure I had to pay a 'fine' or two for being a 'bad' landlord.. but at least the authorities always kick them out for their own good.
    Quote Originally Posted by crays View Post
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  3. #23
    Grand Master Know It All hatidua's Avatar
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    It all started last August when the Donovans moved to Indiana with their two children. Both were unemployed at the time and two months behind on their mortgage payments.
    Ah, the plot thickens a tad....They moved out of state. They'd quit paying the mortgage.

    News flash: when you quit paying the bills and don't own that property outright, your claim to that structure diminishes DRASTICALLY regardless of how much you might have liked the apple tree in the backyard.

    Deadbeats getting the media to pump a story that isn't quite what the headline screams...

  4. #24
    QUITTER Irving's Avatar
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    Well, one lesson here is that when you set up a lease option, that you make sure that you word your contract carefully so that the person doing the rent-to-own option is not actually building any equity in the home as they make their payments. This gives them a stake in the home and makes it impossible for you to evict them when they stop making their payments. Then, when you can't make the payments, YOU get foreclosed on. This is exactly what HBARleatherneck is describing.
    "There are no finger prints under water."

  5. #25
    Machine Gunner Goodburbon's Avatar
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    Quote Originally Posted by xring View Post
    All of this is my opinion only. I am not a lawyer I am not offering legal advice.

    #1 he hasnt closed he has no deed or legal right to the property other than his agreement with the sellers
    #2 what you are describing is trespass and felony menacing IMHO
    #3 until legally evicted by the sheriff the residents on that property have the same rights you do to defend your safety on your property. These rights have nothing to do with who holds the deed only residency.


    Obviously he wants the house but its not his problem unless hes crazy enough to close with them in it. The deed may have problems as many do nowadays which may be why they have not been evicted. Many deeds were sold so many times without the person holding the mortgage knowledge in the past decade that significant problems have been created in establishing who owns the deed.
    Some are finding that when they finally pay off their property the deed has become hopelessly fubar, its no longer clear who sold the deed to whom when and where. Sure some guy gives title insurance maybe,,, and if the title insurance company goes under... Squatters are taking advantage of the mess. The other side of the coin is a lot of hard working people who have been paying their mortgage for years have been screwed. The solution in hindsight is to not have the lendor be able to sell the mortgage without the lendee's permission. The damage is already done however, its a huge mess. Im just guessing but its wierd that they havnt been evicted yet. If and when they get evicted I would certainly have a lawyer unconnected with the sellers of the property (not title insurance dude in their pocket) look at that deed which is not a bad idea nowadays regardless. My two cents for what its worth.

    Un be lieve able.



    You buy property and you have less right to it than people who are in effect stealing it..

    You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.

  6. #26
    Grand Master Know It All hatidua's Avatar
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    Quote Originally Posted by Goodburbon View Post
    Un be lieve able.



    You buy property and you have less right to it than people who are in effect stealing it..

    You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.
    They didn't own it and they don't own it. They quit making payments and expect the media to vindicate them. IF, they get up to date with their mortgage, they MIGHT have some gravity but that doesn't seem to be the case, they simply want to make folk believe that because they once made a payment, they forever own the property and that isn't how things work. Tough titties folks!

  7. #27
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    Quote Originally Posted by Goodburbon View Post
    Un be lieve able.



    You buy property and you have less right to it than people who are in effect stealing it..

    You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.
    He has not closed he has not bought anything.

    We have not heard both sides of the story we have no idea what legal claim the residents have to the property. Thats what the courts are for.

    There is nothing wrong with rightfully claiming your property, it is a fairly straightforward process in Colorado and yes it can take some time and be painful, three months or so in my experience before the Sheriff evicts them. Somthing smells funny with the amount of time this has taken and its not just the cat pee. It may be that the financial institution that got stuck with this is not ready to bring the loss onto their books right now. Until it is sold its still on the books as an asset for its original price with mark to market suspended.

    I have been a landlord and I have experienced financial loss associated with deadbeat tenants. It is frustrating. I balance that with my strong belief that people have a right to be safe in their homes. Should renters not have the right to be safe in there homes? Should the guy that has 5% equity not have the right to be safe in his home? How about the guy thats underwater on his mortgage?

    This is business not a life threatening situation where firearms are justified. The delinquent tenants are characteristics of the property just like the cat pee to be evaluated and used as bargaining chips. He hasnt even suffered a loss on this as he doesnt own the property or have any equity in it. So he doesnt close , maybe its a blessing in discuise. Or maybe somone has seen his eagerness and is trying to stick him with eviction costs. There is no way I would close on this deal without the property vacant... Well maybe for 100k off

    It is not my intent to annoy or to be a troll. As stated I do have a strong belief in the right of people to be safe in their home a belief I thought would be shared on a firearms board. In my opinion the balance between property rights and the right of individuals and familys to be safe in their home strongly dictates that situations like this be solved through the use of the courts and legal eviction.

  8. #28
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    delete
    Last edited by HBARleatherneck; 07-21-2012 at 11:21.

  9. #29
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    Quote Originally Posted by HBARleatherneck View Post
    they are packing as we speak. they filled one roll off dumpster. the realtor was just there. she says, it will probably take 4 roll offs total, to clean up their junk. and probably 2 semis to haul their VALUABLE junk. but, they are leaving. my closing was this week, but now its not for anther 10 days. they will hopefully be out by then. this house is definitely worth the wait, and headaches.

    i do not own this property yet, its not my business...yet. i would never close with them in there. they have no lease, they have no rental agreement that is valid. the courts just sided with them, since they had two high school students in the school here, I guess. or the lady told some more lies. But they made the owner/builder lose the property to foreclosure. I talked to the owner/builder, they signed a basic rental agreement in 2006 for 1 year. Nothing about accruing equity. They are bad people.
    Yay! you got your ozone generators? theres a company out of vegas that sells bare bones models that you use box fans with that give great bang for the buck.

  10. #30
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    delete
    Last edited by HBARleatherneck; 07-21-2012 at 11:21.

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