Squaters: advice needed

[BobDaniels]

Long story short, I've got squaters next door and am not having luck with having them removed. I've spoke with the auditors office, they can only provide me info on the last transfer and current owner and mortgage holder. Mortgage holder preservation dept doesn't seem to exist, even though there are several names and numbers listed. Current listed owner is out of state, but does not seem to have a phone number that can be found (not from lack of trying)Sheriff in charge of foreclosures says the house has not even been foreclosed and can't help me until the current owner files a complaint. Current occupants claim to have bought house on foreclosure from bank XYZ which is not the bank of record with auditors office.The last I spoke with the auditors office, it had been 7 weeks since the squaters arrival and their claim of buying on foreclosure. Any advice (within the law) to help me send them packing?Thank you in advance.

 

[singlestacksig]

if the owner does not complain, not much you can do..
report code violations as you see them...

 

[Double T]

Contact last listed mortgage owner, and buy it. Then bulldoze and build a badass man cave.

 

[femurphy77]

I'm guessing that besides the fact they are squatting they are also causing problems in the neighborhood/area? If not and they're keeping it clean, does it matter? It's not yours.

I know this attitude will probably tic off some people but if they aren't causing you any problems doesn't this fall into the minding my own business category?

Not trying to start something just wondering?

 

[BobDaniels]

I'm guessing that besides the fact they are squatting they are also causing problems in the neighborhood/area? If not and they're keeping it clean, does it matter? It's not yours.

I know this attitude will probably tic off some people but if they aren't causing you any problems doesn't this fall into the minding my own business category?

Not trying to start something just wondering?

I was willing to let it go but keep an eye on them. Then there was an incident that cost me a large chunck of change. It is now my mission to remove them if they are indeed squaters. On the other hand, if they are willing to "steal" a house, what else are they willing to do?

 

[mrjarrell]

I was willing to let it go but keep an eye on them. Then there was an incident that cost me a large chunck of change. It is now my mission to remove them if they are indeed squaters. On the other hand, if they are willing to "steal" a house, what else are they willing to do?

If they did something that cost you a large chunk of change then the remedy is to sue them for redress. Any issue with the house they're in is between them and the owner. There's very little that you'll be able to do.

 

[88GT]

Long story short, I've got squaters next door and am not having luck with having them removed. I've spoke with the auditors office, they can only provide me info on the last transfer and current owner and mortgage holder. Mortgage holder preservation dept doesn't seem to exist, even though there are several names and numbers listed. Current listed owner is out of state, but does not seem to have a phone number that can be found (not from lack of trying)Sheriff in charge of foreclosures says the house has not even been foreclosed and can't help me until the current owner files a complaint. Current occupants claim to have bought house on foreclosure from bank XYZ which is not the bank of record with auditors office.The last I spoke with the auditors office, it had been 7 weeks since the squaters arrival and their claim of buying on foreclosure. Any advice (within the law) to help me send them packing?Thank you in advance.

I'm not quite sure what you mean by this. Have you contacted the lien holder directly? Are those the numbers to which you are referring?

 

[BobDaniels]

if the owner does not complain, not much you can do..
report code violations as you see them...

This advice has been given several times and is being followed. I hope they get tired of knocks on the door.

 

[BobDaniels]

I'm not quite sure what you mean by this. Have you contacted the lien holder directly? Are those the numbers to which you are referring?

Sorry for not being clear, i'm a bit scatter-brained right now. I have contacted the lien holder directly, starting with customer service. CS passed me along to the preservation dept, which has brought me to a dead end. The primary person in the preservation dept has a mailbox that is full, but references another name and number to call. That person never answers and never returns calls. I have since come up with 3 other names and numbers in relation to their preservation dept and still get no answers or return calls. Per the sheriff, the house has not legally been foreclosed. Is there another dept within the lien holder I should contact?
ETA: Can the bank sell the house if has not yet been foreclosed?

 

[BobDaniels]

If they did something that cost you a large chunk of change then the remedy is to sue them for redress. Any issue with the house they're in is between them and the owner. There's very little that you'll be able to do.

A lawyer should have been contacted today, I won't know the result of the conversation until I speak with my better half.

 

[cobber]

Some members here would say don't worry about it, it's none of your business what happens next door. I wonder where he's gone to now?

 

[88GT]

Sorry for not being clear, i'm a bit scatter-brained right now. I have contacted the lien holder directly, starting with customer service. CS passed me along to the preservation dept, which has brought me to a dead end. The primary person in the preservation dept has a mailbox that is full, but references another name and number to call. That person never answers and never returns calls. I have since come up with 3 other names and numbers in relation to their preservation dept and still get no answers or return calls. Per the sheriff, the house has not legally been foreclosed. Is there another dept within the lien holder I should contact?
ETA: Can the bank sell the house if has not yet been foreclosed?

No problems. I just wasn't sure if you were speaking of a government org or the lien holder's in-house department.

I would try the loss mitigation department next. They're the ones that deal with the borrowers who are trying to avoid foreclosure, but they also are charged with protecting the investment of the note holder, which means preventing activities that devalue the property. And all notes have specific language about acceptable terms and conditions the property must be kept in. Squatters who are damaging the property and/or violating codes are likely violating such terms and it would enough for the lien holder to foreclose if it desired. It doesn't just have to be non-payment in order for the bank to foreclose; it can be for any default.

When was the current note holder filed?

No, the bank cannot sell the house if it has not gone through foreclosure proceedings. Indiana is a judicial foreclosure state and last I heard it's running 12+ months between filing and court date (varies depending on location, of course; this is for Indy metro area).

 

[Magneto]

Molitov cocktail.

 

[BobDaniels]

No problems. I just wasn't sure if you were speaking of a government org or the lien holder's in-house department.

I would try the loss mitigation department next. They're the ones that deal with the borrowers who are trying to avoid foreclosure, but they also are charged with protecting the investment of the note holder, which means preventing activities that devalue the property. And all notes have specific language about acceptable terms and conditions the property must be kept in. Squatters who are damaging the property and/or violating codes are likely violating such terms and it would enough for the lien holder to foreclose if it desired. It doesn't just have to be non-payment in order for the bank to foreclose; it can be for any default.

When was the current note holder filed?

No, the bank cannot sell the house if it has not gone through foreclosure proceedings. Indiana is a judicial foreclosure state and last I heard it's running 12+ months between filing and court date (varies depending on location, of course; this is for Indy metro area).

Thank you for the advice and info. The borrower does not seem interested in preventing default as my search to find said borrowers has lead me down a path full foreclosures. The thing is, this house has not been foreclosed per the auditors office and the sheriff. It would seem since I can not reach the "property owners" nor the lien holder, I am SOL. On the plus side, they now know the legitimacy of the presence is in question. :-)

 

[BobDaniels]

Some members here would say don't worry about it, it's none of your business what happens next door. I wonder where he's gone to now?

I have a strict live and let live policy until it crosses the property line.

 

[GodFearinGunTotin]

No problems. I just wasn't sure if you were speaking of a government org or the lien holder's in-house department.

I would try the loss mitigation department next. They're the ones that deal with the borrowers who are trying to avoid foreclosure, but they also are charged with protecting the investment of the note holder, which means preventing activities that devalue the property. And all notes have specific language about acceptable terms and conditions the property must be kept in. Squatters who are damaging the property and/or violating codes are likely violating such terms and it would enough for the lien holder to foreclose if it desired. It doesn't just have to be non-payment in order for the bank to foreclose; it can be for any default.

When was the current note holder filed?

No, the bank cannot sell the house if it has not gone through foreclosure proceedings. Indiana is a judicial foreclosure state and last I heard it's running 12+ months between filing and court date (varies depending on location, of course; this is for Indy metro area).

If the people are indeed squatting, I'd imagine he'll get no financial recovery for his loss because of them. However, could he not sue the owner in absentia and have a lien placed on the property. At least theoretically, he could recover once the house is sold. Could he name the lien holder in the suit?

 

[hornadylnl]

I have a strict live and let live policy until it crosses the property line.

Agreed. But under what authority can you evict someone from a property you don't own? Sounds like your problem is between you and the person living next door, not you, the homeowner, and the person living next door.

 

[88GT]

If the people are indeed squatting, I'd imagine he'll get no financial recovery for his loss because of them. However, could he not sue the owner in absentia and have a lien placed on the property. At least theoretically, he could recover once the house is sold. Could he name the lien holder in the suit?

Depends on the nature of the offense. If it isn't directly related to the real property or the improvements on it as the source of offense (and even then the examples are few and far between) then the property owner would not the proper target, IMO.

I suppose the possibility of placing the lien depends on the law. Most small claims court cases are judgments against the individual. Even if the owner of the property is the proper target and not the squatters, I don't think one can place a lien on the property in an attempt to recover damages from a personal judgment. But that's outside my area of expertise. I know just enough to be dangerous so I must default to the "Talk to a Lawyer" recommendation.

ETA: I assume this is not in an HOA-governed subdivision. Is that a fair assumption?

 

[cobber]

Agreed. But under what authority can you evict someone from a property you don't own? Sounds like your problem is between you and the person living next door, not you, the homeowner, and the person living next door.

Waitaminnit! I thought your take in past was it didn't matter what was going on next door?

 

[printcraft]