Here is a question that a friend asked me recently about foreclosure investing!

What happens if a property is filed as owner occupied but there is a non-owner tenant, on a non-recorded lease at the time of auction? Would their lease become void, or are they protected by the landlord tenant act somehow? My Response: If a tenant is in place, you as the new owner can write a written demand to vacate the property. After notice if the occupant fails to vacate, you (investor buyer) as the new owner has the right to file a forcible entry and detainer. You would have the occupant served (if you need a contact for someone who serves let me know, I have a good one). At court you’d present your cases and in my experience the issue at the court hearing is whether or not the tenant or occupant has the right to possession of the subject property in question. If not, they will be found guilty of a forcible entry and detainer and an order will be placed by the judge requiring the tenant to vacate within 5 days. If they still haven’t vacated then the Sherriff can be called in to evict and remove all personal property giving the rightful owner possession. (Don’t forget to change the locks ASAP!) In my case and experience just because the lease agreement is there and is no longer valid (foreclosure or not) doesn’t mean the occupant will leave or doesn’t feel they still have a right to occupy. That would have to be decided and enforced by the court and we all know this process is quick, but not overnight. Hope this helps!