House sold...what now?

[memama]

It's been a long time since I've been active, mostly due in part to our new baby and the subsequent issues I've had recovering from that. BUT...our foreclosure sale on our home in Idaho was scheduled for yesterday and I just got word from the current occupants that the house sold. The female had told me a realtor had stopped by the day before the sale to look at the property-said he had an interested buyer. She allowed him to come in and look around (I cautioned her against letting ANYONE in since we had a scare before-someone posed as a realtor to me and were really just trying to kick her and her family out so they could move in rent-free or some crazy stuff) and he came back today, the day after the sale, and said the house sold, that they will have to find a new housing situation, but he's happy to give them time to find something and he'll even help them find a new place.
I'm cautiously optimistic and will be checking to make sure that the house did actually sell...who do I contact to find out?

My question: Where do we go from here? What do I have to do now? If it did sell and it's off our hands, do I have to call the utility companies, homeowners insurance company, our homeowner's association, etc and get anything taken out of our names?

I never thought I would be sad to see the house go...it's been such a boat anchor around our necks for the last two years and so many times I've just wanted it to be over, but now that it is, I cannot help but get emotional and somewhat angry.

[Drazil65]

Hi, congrats on the new baby and your recovery. Our home just sold at auction as well (January 31st) but there is a 30 confirmation period for the purchaser to pay the balance and then the deed can be transferred. Have you called the sheriff (or whomever was in charge of the auction list in your county) office to ask what the process is and how long you have to wait for the transfer? I would suggest you do that for clarity. In the state/county where our home is located there is no exchange of keys and once the bid is accepted at auction the new owners can get a locksmith to get inside.

If you have people living in the home you will want to find out the timeline for them having to move for sure as I am certain there will be a visit from the sheriff in your county with the paperwork for the tenants to move out. For us, everything is pretty much on the new owners (utility issues etc) to do but our home is vacant. Good Luck and keep us updated (also congrats on the successful foreclosure).

[tobee43]

congrats on the new baby!

i'm just a bit confused. you knew the house was being sold? most people secure a place prior to the selling of the home? since you already have a foreclosure on your record the very last thing in need now is an eviction on your record. it's hard enough to find many landlords that deal with bad credit. since you haven't been paying your mortgage haven't you saved any money for moving expenses. that is what we did we saved for over 6 months knowing we were living and saved ever dime for the move.
although at one time we were actually homeless. however, we have no small children.

if i were you i would begin to look immediately for a place of worse stay with a relative until you find something.

best of luck to you!

[LadyInTheRed]

toobee, OP is no longer in the house. Notice the reference to the current occupants.

The person who came to the door could be the new owner or a con artist. I like Drazil65's suggestion of calling whoever was conducting the sale. You could also check the county recorder, but it could take a little while for a new deed to appear in a search. Once you do confirm title has changed hands, call the utliities and the insurance company. Tell your tenants to stop letting strangers into their home without evidence that they have a right to be there. If if this is the new owner, I bet there are laws about how much notice they need to give to enter the home. They also have to go through the eviction process to make the tenant leave if the tenant isn't ready. A tenant may have longer after foreclosure to vacate than the prior owner.

[tobee43]

ok this time i have an excuse!!! lol! i'm ocd so i'm doing taxes and reading this thread. in that case i guess OP was renting their old place. i'm seeing the old owner that left but rented now also get evictions as the house was still in their names and most mortgage contracts have clauses not allowing one to rent.

i'm sorta in disagreement with renting and getting money and not paying one's mortgage to be honest about it. it's now a very sticky situation for the OP since now all state tenant laws usually apply. thanks Lady, i'm getting more coffee now!!

[df04527]

I am with LITR also. I don't trust anyone. Too many scams going around. Double check somehow.

[LadyInTheRed]

it's now a very sticky situation for the OP since now all state tenant laws usually apply.

It's the new owner's problem now.

ETA: I just found this about tenant's rights in Idaho after a foreclosure. http://www.ag.idaho.gov/consumerProt...losureAct.html Sounds like the tenants will have at least 90 days to move, assuming they are paying fair market rent and their tenancy is a result of an "arms length transaction."

[memama]

Original Poster here!

Tobee-we were NOT renting the home. They are friends of ours-they were living there rent free ;) They've been taking care of the place for the last year and a half. I agree-I don't think it's right to collect rent on a home in foreclosure.

So, since they've not been paying rent and they're not tenants but "caretakers" I would assume that any laws protecting tenants would *not* apply to this situation. I just spoke to our friend and she said they're giving her $500 to move out by the first.

I suppose then a call to the county would be in order? I guess I'll call and ask who to talk to!

[memama]

Tobee, we weren't renting the house, they were living there for free as "caretakers". I couldn't leave it sitting vacant and we thought it'd be great to help a friend and their growing family

[bcohen]

Original Poster here!

Tobee-we were NOT renting the home. They are friends of ours-they were living there rent free ;) They've been taking care of the place for the last year and a half. I agree-I don't think it's right to collect rent on a home in foreclosure.

So, since they've not been paying rent and they're not tenants but "caretakers" I would assume that any laws protecting tenants would *not* apply to this situation. I just spoke to our friend and she said they're giving her $500 to move out by the first.

I suppose then a call to the county would be in order? I guess I'll call and ask who to talk to!

First of all, any "cash for keys" offer should be in writing, and signed by both parties. Second, and more importantly, 2 weeks is simply not a reasonable move-out timeframe. It would take longer than that to find another place to live, apply, be approved, sign a lease, and take possession. Then there's the time to actually pack and move. Your friends need to negotiate a more reasonable move-out timeframe--at least 30 days.

[tobee43]

squatter unfortunately usually still have tenant rights in most states.

memama, i'm certain your intentions were good, but as far as most states go whether you had a lease or not they still have rights since they occupy the premises.

thanks lady for looking up the info. if there are people in there paying or not they still need to be legally evicted

[LadyInTheRed]

squatter unfortunately usually still have tenant rights in most states.

memama, i'm certain your intentions were good, but as far as most states go whether you had a lease or not they still have rights since they occupy the premises.

thanks lady for looking up the info. if there are people in there paying or not they still need to be legally evicted

Yes, they need to be legally evicted, but since the weren't required to pay fair market rent, they don't have the protection listed in the link I posted. I didn't look up the eviction requirements in Idaho for this situation.

[bcohen]

Whether or not the people were paying rent, they were still authorized to live there by the homeowner, and are thus hardly "squatters". Therefore, it is only reasonable that they be afforded an appropriate amount of time to move, and the new owner--if they are smart--would agree to do this without filing for eviction. Once an eviction suit is filed, it will destroy these peoples' ability to move out and find a place to rent, which means that the smart course of action would then become to stay until the last minute and do as much "accidental" damage as possible before they go.

[tobee43]

the bank looks at them as squatters whether they have permission from the owner that abandoned the property and just allowed them to life for free. many times there is no way to know whether money was exchange or a barter for them living in the vacated home. they can choose to leave immediately and not get evicted, but if they chose to stay then the eviction process will begin and go on their record. i have no clue about AZ but here in florida and in many states that is how it works.

[memama]

Okay, so our friends are set to get out as of the 3rd. They have found a new place but the potential landlord wants an over-the-phone interview with me. What should I tell the new potential landlord? I'm really worried about disclosing the fact that they weren't paying rent and that the reason they're leaving is because it was finally sold in foreclosure. Any advice? I don't want the fact that they weren't paying rent to hurt their chances somehow of getting this new place...I prefer to just omit those details and give a blanket "yes, they paid everything on time, we have no complaints and we'd definitely rent to them again" but I'm worried that won't be sufficient.