Linda P
05-21-2007, 12:44 AM
I bought a house at the sheriff sale (offer accepted) on April 5. Oddly enough, I had owned this house a few years ago & sold it to my tenants lease with option. The people currently living in the house were my former tenants, so I know them. As a matter of fact, they were the ones that told me they were being foreclosed on. After I bought it (offer accepted) I notified them to discuss their options (stay or move?). They said they really like the house and wanted to rent from me, again, but they have ignored all my requests to get an up to date application as well as a holding deposit to prove they were committed.
The past week, they have been extremely uncooperative when scheduling the appraisal (3 appointments, 3 cancellations) even after I told them this was holding up the mortgage and closing. I must pay the sheriff this week , or faces penalties. I'm no kind of assuming they were just trying to live there free as long as possible. Now, I think it would be in my best interest to just to go ahead and pay the sheriff's office (I have funds available), record the deed, then get them out, then go for my mortgage which requires the appraisal.
Question - what is a "writ of possession"? (Is it included your Legal Forms? Does it tell me how to properly use/serve it?) Do I draw it up or is it something the court orders? If I draw it up, who do I give it to; the court or to the tenant?
Do I need to give them anything prior to this, like a "notice to vacate?" I would assume this process will be something similar to an eviction.
Any idea how long it will take to get them out? Any suggestions on how to expedite things?
Can I expect that the appliances (new when I sold the house to them) should remain with the house?
What if out of retaliation, they do damage to the house before they leave?
The past week, they have been extremely uncooperative when scheduling the appraisal (3 appointments, 3 cancellations) even after I told them this was holding up the mortgage and closing. I must pay the sheriff this week , or faces penalties. I'm no kind of assuming they were just trying to live there free as long as possible. Now, I think it would be in my best interest to just to go ahead and pay the sheriff's office (I have funds available), record the deed, then get them out, then go for my mortgage which requires the appraisal.
Question - what is a "writ of possession"? (Is it included your Legal Forms? Does it tell me how to properly use/serve it?) Do I draw it up or is it something the court orders? If I draw it up, who do I give it to; the court or to the tenant?
Do I need to give them anything prior to this, like a "notice to vacate?" I would assume this process will be something similar to an eviction.
Any idea how long it will take to get them out? Any suggestions on how to expedite things?
Can I expect that the appliances (new when I sold the house to them) should remain with the house?
What if out of retaliation, they do damage to the house before they leave?