How long would it take to evict former owner (but current occupant) of house acquired in short sale, in VA?
A bank has approved our offer for a short sale of a home in pre-foreclosure. The current owner of the property has told us he will only move forward with settlement if he can have two months free rent back while he finds someplace to go. If it came down to it, and I accepted this offer, to what lengths could the current owner extend his stay beyond those two months–through filing bankruptcies, or other legal means that could prevent me from moving forward with an eviction? Clearly, I am not going to move forward unless I KNOW that I can control when he vacates the property. How long could he potentially "squat", once I settle on the house, before I could have him evicted? Again–for you legal experts out there–this is in the state of Virginia.
If he stays beyond the two months you can take eviction action against him - the legal term is actually an "Unlawful Detainer" action. In normal cases, it can be completed in 2-3 weeks. However, if he fights it in court, he can drag it out another 2-3 months. In nightmare cases I have seen some cases where the evictee fought it for 18 months befroe finally beeing locked out by the Sheriff.
General Rule of thumb in foreclosure and short sale purchases: NEVER allow the old owner to stay in the property. NEVER!
A much better idea is to pay for their first 2-4 months rent at another property - ie he must move - but you will pay for the deposit and two months rent for another place if he is out of the house in time. Then, if there is a problem it is someone else's problem.
Good luck
Rob Alley, Realtor of The Avery Group at Roy Wheeler
540-250-3275 (cell)
roballey@roywheeler.com
http://www.robsellscharlottesville.com
http://www.forestlakesliving.com
http://www.charlottesvillevarealestate.blogspot.com
http://www.charlottesvilleshortsale.com
If he stays beyond the two months you can take eviction action against him - the legal term is actually an "Unlawful Detainer" action. In normal cases, it can be completed in 2-3 weeks. However, if he fights it in court, he can drag it out another 2-3 months. In nightmare cases I have seen some cases where the evictee fought it for 18 months befroe finally beeing locked out by the Sheriff.
General Rule of thumb in foreclosure and short sale purchases: NEVER allow the old owner to stay in the property. NEVER!
A much better idea is to pay for their first 2-4 months rent at another property - ie he must move - but you will pay for the deposit and two months rent for another place if he is out of the house in time. Then, if there is a problem it is someone else's problem.
Good luck
Rob Alley, Realtor of The Avery Group at Roy Wheeler
540-250-3275 (cell)
roballey@roywheeler.com
http://www.robsellscharlottesville.com
http://www.forestlakesliving.com
http://www.charlottesvillevarealestate.blogspot.com
http://www.charlottesvilleshortsale.com
Thank you.
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