Special offer

FORECLOSED......OWNER/RENTER to SQUATTER/TRESPASSER.. Part 3

By
Real Estate Broker/Owner with people first...then business Ran Right Realty 636943 licensed to thrill

In parts one (1) & two (2) of the post of the same titles, we are learning what happens to people who are facing foreclosure, what the Banks and investors are thinking and doing, and how the people that need to know  all this are the last to know but....... are the first to get hurt.

So, here is what can happen to a owner who is caught in his own foreclosure regardless of how he got there.........and of course there are variations galore on this most miserable journey.

Investor will serve a three day notice to quit the premises right away. The notice will say something like this:

THREE DAY NOTICE TO QUIT.....Foreclosure holdover-C.C.P. 1161a)............ which happens to be in California. To the occupants and all others in possession.....This is the first step in a lawsuit against you. Failure to vacate the Real Property will result in a lawsuit being filed. The property has been sold in accordance with Section 2924 of the California Civil Code under a power of sale. The new owner seeks to recover possession of the property. You are then instructed to vacate and if you don't, you will be subject to damages, costs, and all known and unknown punishments.

If that is not enough, they threaten YOU further that the credit reporting agencies will be contacted if you fail to comply making it even worse for you in the years to come. You are not just cursed in this moment, but in the years to come.......all of us, marked so that it becomes harder to get ahead or even seek bread.

Take a moment to let the above trickle in your mind and emotions. THINK: Have you ever seen in a movie or real life when someone is down and injured or vulnerable and the assaulting party keeps attacking and attacking while the other fellow lies on the ground defenseless and suffering and wondering when the beating will stop?  How about a child being beaten without mercy?  Does this outrage you?

Next day...another notice is posted on your door. All your neighbors see it before you do. It says the new owner wants in and is offering you a chance to get out...before he launches World War 3 on you and your family. Here are the terms:

1. If you get out in twenty (20) days, all actions will be dismissed and you get $2000.00.

2. If you get out in thirteen (13) days, you get $2500.00

3. If you get out in seven (7) days, you get $3000.00

In addition, you may be told (by investors) to have a friend or a family member apply to repurchase the home back. Buy your own home back for what it is worth. Imagine that....will you? Your losses are your problem......

All of the above is subject to an inspection of the property which must be delivered in broom clean condition, minus any any repairs or damages and or the cost to replace fixtures or property that is removed. Their paperwork is submitted for your signature. It is at their total discretion in the end.

You may be allowed to stay in the property until it sells. The investor has the benefit of using your lived in home as staging for his sale and will pay you for these arrangements. All you are doing is turning lemons into lemonade and trying to make the best of a situation.

I will admit that I am quick to take the side of the underdog and the one who stands to lose. The one who cannot fight back or throw a good punch. The one who is holding on and is ready to drop....I am for that person. 

My friends.....I do not have all the answers nor can I post a twenty (20) part series on this subject. It is full of too many variables. To some of us, THIS SUBJECT it is up there with a divorce, losing your job or death in the family. Don't despair.....Seek help until you find it. Look for help everywhere. If you can afford an attorney, this is very good. Usually a Real Estate attorney or bankruptcy attorney can not only comment here, but help you fight where and when necessary......until you find your solutions.

Always know that you can speak with a Real Estate agent and receive free consultation


REMEMBER THESE WORDS THAT HAVE BEEN UTTERED BY OUR LIKE KIND SINCE THE BEGINNING...............THIS TOO SHALL PASS

                                  ALSO AVAILABLE AT MY ACTIVERAIN HOME PAGE BLOG PARTS 1...2....3

Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Richie,

You did an excellent job on this series and I am so grateful for your time and effort.  I hope, hope, hope that the members of the public who need this information get it before it's too late.

There are so many people preying on individuals facing these circumstances and it is hard for them to know where to turn and who to trust. 

One thing is for sure, DON'T TAKE YOUR LENDERS WORD FOR IT!

Jun 10, 2010 05:24 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

What a beacon of light you turned out to be......Jenna, we as agents care and can make a difference. We do not turn tail when someone is in need or want. We understand this is a service business. The word shame and all its meaning is upon BofA, all the rest of them for their God is money....and people only exist for them to worship their God...

Thank you

Jun 10, 2010 09:38 AM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

It is always a harsher situation when an investor buys the property at auction instead of the lender getting the property back. Either way it's a sad situation and the Government talks a big story but is actually not helping.

Jun 10, 2010 01:21 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Cameron....it is true what you say. The investor is under his mandate to carry out his business plan. I understand that.  I read where two roman soldiers..... after hearing Christ make conversation and realizing he made sense...they said, then what should we do? We must go and obey the authority or we will be punished. The response was, then go and do what is asked of you, but no more than that. So, there are things that have to be done that are unpleasant...we know this. Carry them out with a heart of gold instead of a heart of stone......it just works out better for everyone. Sure, these people have to go, but can they go in peace and hope instead of fear, anger, and disgust?

Jun 10, 2010 01:57 PM
Joshua Zargari
MJ Decorators Workshop LI staging and home decorating - Lynbrook, NY
MJ Decorators Workshop

This story will go on for a long time...

It will take time to clean the mess.

Jun 10, 2010 01:58 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Joshua.....yes, just the beginning and the end has not been sighted......woe unto us...

Jun 10, 2010 02:16 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

That I will agree with as I actually pray for the people I encounter in such dire circumstances. I'm not one of the Roman soldiers who divided our saviours garments.

Jun 10, 2010 02:52 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Cameron....I am getting to know you better as we blog and post together. I am sensing that you are part of the solution my friend and I thank you for it. May your devotion to your work and your fellow human beings bear great fruit and bring honor to the one who sent you here. Thank you for visiting with me.....

Jun 10, 2010 02:56 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

Thank you Richie and may blessings be upon you my friend.

Jun 10, 2010 03:02 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

It is done.....

Jun 10, 2010 03:11 PM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

Richie, it makes one sick to the stomach, doesn't it? Heartless.

Jun 11, 2010 02:06 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Lottie....it only makes one sick who is decent, fair, true and right. Everyone who isn't.... doesn't feel a thing and they are like a bad virus spreading its own disease trying to kill off what is healthy and good. People like you, me and Rainmakers galore are the ANTI-virus. We, the guardians of the industry look down on this behavior with disdain. That behavior has got to go........not us. Thank you Lottie & best....

Jun 11, 2010 02:15 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

Richie, this was a wonderful series.  Thank you for allowing us to reblog it.  Well done.

Jun 13, 2010 02:47 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Kay.....Thank you for your support of the subject matter. Principals and clients look for agents like me, you and our fellow Rainmakers (and others) to help them navigate through the known and unknown pitfalls of the Real Estate industry now more than ever. In today's complex dealings....... RE-MAX can always be counted on to shine a very bright light in this business......

Highest.....

Jun 13, 2010 03:15 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

WELL........it was a good run and post. The comments and response were of the highest quality because it came from people who really cared. For a true lover of Real Estate and people, I would expect no less. In every part of each of our lives, there are opportunities that present themselves from minute by minute to daily deliveries. That is when we....as individuals can demonstrate who and what we are. It can be your finest hour and the reason why you were created. Those moments are to be cherished and sought after. Wrong actions by anyone, once identified... have to be exposed, corrected and redirected to do good....not harm. The lenders are out of control and people are suffering for it... and talk will not eliminate pain, sorrow or afflictions. The coveted name of the HUMAN RACE is teetering on the brink of destruction if we do not take a stand for what we know is right in our hearts when the opportunities present themselves.....no matter what the risk involved is to do so. Failure to respond....earns us the title of the INHUMAN RACE and from there, we join the animal kingdom having lost the privilege of being made in the image of God.......thank you all very much for lending your hearts to the subject matter.

Highest and best regards......

Jun 14, 2010 03:40 AM