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Real Estate Newsletter

 

January 1, 2009

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Over 19,000 Real Estate Investors

 

 

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Real Estate Articles

 

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2009 New Year Piece

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Question & Answer

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Featured Properties

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Real Estate Blog

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Nugget of Knowledge

 

 

 

Your Questions Answered by Mike Jacka and the REP Real Estate Team

Q: Can I buy the foreclosure rights from someone in foreclosure? Such as the redemption rights.

A: Yes, Usually after the Sheriffs Sale, the Homeowner will have the Right of Redemption for a specific time frame. Depending on your state, the redemption period can be anywhere from 30-180 days after the Sheriffs Sale. The Seller Technically still owns the house and has the right of possession, to redeem the property or sell the property. You can buy the property from the Seller, this is usually done simple by having the seller deed the property to you, your company or a Land Trust for no money or very little money to the seller. This does not eliminate the redemption period; it simply transfers the Right of Redemption to the new owner via the deed transfer. You now own the rights of possession and redemption.

Q: How do I go about evicting a disruptive tenant?

A: That depends on the type of agreement you have with the tenant. If the tenant has signed a lease for a specific time frame, then the only way to evict them is if they have violated the lease agreement. The most common violation is nonpayment of rent. There usually is some kind of terms in the lease that would be some type of violation on the tenant’s part, but most of those are tough to get an eviction judge to side with the landlord versus the tenant.

If you have a month to month rental with the tenant, then you simply give them notice that they must vacate the property. Make sure you know the minimum time frame for this kind of notice. You can usually find that on your states website. Go a Google search for tenant landlord laws in your state and you will find the proper notice requirements.

In either case, a very effective way of removing a disruptive tenant is simply to bribe them. Yes, I have done that from time to time. Offer them cash for keys to move out within a certain time frame. Sometimes this can be as little as one month’s rent or as much as 2-3 months rent. But the important thing is that is they agree to the money, you will have saved legal expenses and possible even saved the condition of the property. Rather than having a very upset tenant destroying your rental property because you want them out, they might even clean the place up on their way out the door.

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