As to the how long part of the original question, here in New Jersey the eviction process is a huge pain in the ass and it may take more than 3 months. When my girlfriend was looking to by an investment property she specifically bought in Pennsylvania because the process is much quicker and painless. Usually less than 30 days. So that gives you an idea of how different it can be from place to place.
Did you try to negotiate with the owner? If he is not planning on doing anything with it for now any thing you give him is better than the nothing he is getting now.
I think you missed the boat here, BigBertha - according to a very rough mortgage calculation I did, if you had bought your parents’ home for $5000, your mortgage payment would have been $32 per month. Maybe you could work out a deal with your acquaintance to take the home off his hands now.
That’s just where I was going with my land contract suggestion. Yes, she’d pay an inflated price for the house - but it’s a win:win for the seller and if doable, a win:win for the buyer as well. As in, for less than the cost of renting, she could have a paid-off home in a few years.
This acquaintance of yours, is he a short fat bald guy with a monacle? You might be able to cut a better deal with him if you hand over a Get Out Of Jail Free Card and give him a few free passes on his power bill.
I don’t get what you’re trying to say. In any case, she’s been living in a place which nobody has been paying for since at least 2008, she never owned the place, and now someone has bought it. She can’t stay indefinitely without paying anything anymore, because the one to decide what will happen with this house is the owner, and she isn’t the owner.
She has a range of options – it doesn’t have to be all-or-nothing – but if she decides to just stay until she’s forced out, she will end up without any housing at all. That’s the ‘so.’ She needs either to find another place or negotiate a way that she can afford to stay in this one.
What on earth does any of that have to do with high horses or semantics?
Perhaps he is using a law dictionary appropriate to his jurisdiction. In some of them a new owner cannot legally evict an existing tenant from a property except in certain circumstances. The tenant has the right to continue residing in the property and therefore cannot be said to be squatting.
As I said things vary greatly between jurisdictions. But the laws you are referring to have to do with legal tenants who have been paying rent in good faith and have the house foreclosed on the owner. No they can not live there forever rent free but they have additional rights. This does not fit in to that at all. The way you wrote it anyone can occupy a house before the owner takes possession and not be evicted. Squatters have tried that argument for years.
I was replying to post #22. IMHO, it was a wholly irrelevant and non-responsive sidetrack to the post it was quoting. It was either one of those hyper-pedantic cat-calls that tend to get pitted every once in a while, or, more likely, it was a continuation of the the high-horse prancing that started several posts earlier.
I withdraw my disdain and objection to the tsk-tsk-tsking and other contemptuous affectations of the thread if the OP took steps to hide their presence when the buyer was inspecting the property prior to making the purchase. If not, then again, the legal and time costs of making the premises habitable for new tenants were factored into the purchase price.
I never said anything about foreclosure or rent. All I said was that in some jurisdictions, merely buying a house doesn’t give you the right to evict the residents.
In some jurisdictions, yes. In others, perhaps not.
And some of them have been quite successful at it in some places.
It was, and is still, hers. It’s where she lives, that makes it “her” home. She does not own it, but it is still her home.
Whether or not she’s squatting is an exercise in semantics. She lives there and does not pay, and has not paid in quite a while, it’s a rather simple situation.
I would normally recommend negotiating with the current owner to get an affordable rent, but I suspect that no number is going to be affordable to you, and satisfactory to him.
Cite? Please show me where someone who has no legal standing to a residence is legally allowed to live somewhere indefinitely. I have heard of cases where someone was paying in good faith and the house was foreclosed on without their knowledge. Basically the owner was taking their money but not paying the mortgage. This is a case where the house is owned by an individual, not a bank. Find an instance in which someone not paying rent is allowed to stay in a private residence rent free. Or find a law in which someone is prohibited from being evicted for any reason. Those living in a residence do have rights. That’s what the eviction process is for.
It’s kind of an obnoxious and extreme answer, but don’t forget about adverse possession. I believe in Nevada the time is pitifully short–five years. There are a host of other factors that get drummed into 1L’s heads, but the basic elements of actual possession, open, notorious, hostile, exclusive and continuous seem to easily be in place. I don’t know the OP’s jurisdiction or what would have triggered the timing, but in one way of phrasing it it’s been four years so far. If the new owner focuses on other properties for the moment and another year goes by without proceedings (and a lot of handwaving takes place, such as the OP having the funds to pay a lawyer, no license to remain being given, other elements being met, etc.), the legal title to the property could very transfer.
But closer to the point you were responding to, in NYC it can generally take three to six months if everything is perfect. A firm I worked with had a few cases that lasted years due to skilled procedural manoeuvring and special circumstances. Note that that kind of thing negates any adverse possession claim.
Build a time machine. Go back to the date where you got the first, second, or even third notice from the bank that your mortgage was due. Don’t ignore them. Or respond to the court summons. Or respond to the second court summons after your default judgment. Or respond to the repossession notice where you were given 30 or 60 days to negotiate with the bank before it got auctioned off. Or you could have talked with your lawyer friend who’s now advising you on squatter’s rights and who could have then advised you on negotiating with the bank.
Get in good with your local city politicians to see if anyone can assist you in your plight. Do you happen to know the mayor?
