Okay, When we last left I was excited about my new flip house..actually, my first flip house.
It's been almost a month since the purchase and I have not even started working on the place because the previous owner is refusing to vacate. She feels she still has a claim to the home, and has a right of redemption.
Here is how it works in Idaho:
If a home is sold at a trustees sale, like the one I purchased every lien holder is notified of the sale far in advance and has an opportunity to bid on the property. Even the property owner can bid on the property if they have the ability and keep it.
At the sale, usually if there is a 2nd lien holder, they will show up and bid on the home, take over as the new owner and then the home is eventually put up on the market as an REOproperty. This will happen if the lien holder believes that they can turn around and sell the property and get their money back.
In the case of the home that I purchased..the first lien was the small one...the secondwas the larger one due to a refinance in 1996. The second lien holder did not show up for some reason or other..rumor has it that the company is filing bankruptcy and could not come. The previous home owner feels since she had two deeds of trust on the property and is still making payments to someone for the 2nd she still has the right to the property.
Well, when someone buys a property at a trustees sale, all other liens are erased from the property and the new deed is recorded in the name of the higest bidder..in this case ME!
After 10 days the new owner can then occupy the property. In my case, the previous owner has decided to stay, even contacted an attorney. We filed a 7 day eviction notice, (only 3 days are required), served by the local sheriff. After the 7 days were up, they still decided to stay. The next step is to file a writ, have an attorney sign off on it showing we have legal right to the property. If they do not get out within the set time, then an officer will come, remove the people, and all their belongings. Their personal property are then put into storage, and after it is decided how much they owe me, the attorney, and the sheriff, the property is sold at auction and the funds passed out to all who need paid.
I compiled all the information from the title companies, the paper trail showing each lien holder had contact, and everything has been done right. I informed the attorney that I plan on filing the writ the first of the week, giving them time to move over the weekend before the sheriff comes and they risk losing all their stuff.
I have thought of turning the water off, but I'd hate to think of the mess in the bathroom that may be left behind...
Oh and as for a right of redemption??? Not with a trustee sale. None. Once the house is sold at auction, it is sold and that's that.
I'll keep you all posted on what happens next!!
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