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Topic: Finally a homeowner again, but need some legal advice  (Read 877 times)

0 Members and 1 Guest are viewing this topic.

DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
Thank you all who have supported me and my wife during this crazy ass process.  Yeah we bought a short sale on a Cal-Vet loan which I was told you can't do.  But with good friends who helped make repairs and gave advice throughout this we finally made it happen after one full year of delays and bank BS.  Closed today at 4 but we were out of town and had to give power of attorney to some good friends to make sure the property was clear.  The good thing was 99 percent of the property was cleaned as the owners should have been on the TV show hoarders. 

So we were advised they left some trailers (one was a giant 40' box trailer on wheels) and a few truck loads of garbage.  They should be embarrassed as they claim to be outstanding members of the community.

They left a note saying they would remove it in two weeks.  Due to legal issues arising out of someone getting hurt on the property I advised them they have zero access and can't enter the property without written permission.  Told the people watching the property to arrest any trespassers while this is being worked out. 

So my thinking is start the clock ticking with a daily or weekly storage fee.  Ask that a licensed and insured mover make the move for them and on days that work for us.  Otherwise wait a select number of days and get rid of everything and sue them for reimbursement of all costs.

Anyone with legal advice please let me know what the proper steps should be.  We had a separate contract from the sales contract that they breached by not removing the property weeks ago. We have no faith in them doing what they say they will do as they have yet to honor a contract. 

DG



-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award


Sarge

  • William Wirt
  • Salmon
  • ***
  • Location: Ukiah, CA
  • Date Registered: Dec 2013
  • Posts: 755
CONGRATS bro. That is awesome. Sorry I dont have any advise I just wanted to say congrats to you and your wife.
Hobie Dealer Pro Staff
Ling Ling Jigs Pro Staff
http://www.linglingjigs.com 
2017, 27th Shasta Bass Classic
2016, 13th place AOTY
2015, 2nd Place Team GS9 (Team Pacific Outfitters)


Hojoman

  • Manatee
  • *****
  • Location: Fremont, CA
  • Date Registered: Feb 2007
  • Posts: 32017
Very happy for you and you better half, Duane.  :smt006 :smt007


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
  • *****
  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
  • Date Registered: Apr 2010
  • Posts: 11327
What size hitch on the trailer? :smt002. Trailer... What trailer?   :smt044


DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
Heading back to coast tomorrow and will evaluate first hand.  Trailer is one you pull with semi truck. Not kayaks unless it's hundreds
-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
  • *****
  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
  • Date Registered: Apr 2010
  • Posts: 11327
Heading back to coast tomorrow and will evaluate first hand.  Trailer is one you pull with semi truck. Not kayaks unless it's hundreds
Semi ... Not an issue :smt003


DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
Semi ... Not an issue :smt003
Issue for me as I am sure brakes are frozen and tires suck. Not to mention my 2500 will not pull it very far. 
-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award


Fisherman X

  • Sea Lion
  • ****
  • Going to the ocean is going home
  • Location: Mendo Locos
  • Date Registered: Sep 2007
  • Posts: 8095
Congrats on acquiring your home, good luck on the abatement.
-Success is living the life you want-
Joel ><>

-You’re just gonna shoot the first perch you see CdM


&

  • Sea Lion
  • ****
  • Date Registered: Mar 2005
  • Posts: 6636
Can't bother to personally appear at closing?  "Were advised" that the property was left with trailers full of trash?? Wondering whether you can charge sellers in hopes to entice them to come back and clean up tons of garbage???  And this is a short sale?????   :smt011

you already laid out a half decent approach.

Quote
Ask NOTIFY that a licensed and insured mover make the move for them and on days that work for us.  Otherwise wait a select number of days and get rid of everything and sue them for reimbursement of all costs.

You said it yourself
Quote
We have no faith in them doing what they say they will do as they have yet to honor a contract. 

These folks defaulted against a bank.  they give 2 shiz about ur contract.  Get rid of it all next week after giving written notice by cert mail (or don't give notice, they've breached your side agreement haven't they??).  On moving day, personally attend, w gopro in hand, bro.  As for moving costs, consider them sunk and take the write down.

Good luck, and congrats on closing the place.   :smt001


Pacific

  • Salmon
  • ***
  • Location: Rescue
  • Date Registered: Apr 2014
  • Posts: 589
Your issue is what is in the trailer if it has hazardous waste or some other  dangerous item you  are on the hook for removing and disposing of it. If I recall correctly  if it is on the property after closing especially with a short sale you own it. If the trailer is currently  licensed with DMV that may be different.


DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
Will find out more when we get back.  We had plans for months and asked all parties not to set the close on 9-30.  They apparently wanted the short sale in lieu of foreclosure. They breached two contracts now.  One was two weeks ago and a separate contract from sales contract saying the property was supposed to be move in ready on the 16th. It should have closed already but they were kings of delay thus closing on 9-30 as we refused to extend escrow again. They even said they promised it would be clean if it killed them. So they asked a lawyer what to do and was told to post the a letter saying they wanted the property and how long it would take to get it. 

Great fun. I even helped him move stuff on several occasions to keep the momentum going and they could care less because they have no integrity.
-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award


ex-kayaker

  • mara pescador
  • Sea Lion
  • ****
  • Location: San Jose
  • Date Registered: Dec 2004
  • Posts: 7083
If you look at it from a differrent perspective.....if they weren't deadbeats you probably wouldn't be moving into your new pad.

Good luck with it however you get it resolved.  And congrats!

Sent from my SM-G928T using Tapatalk

..........agarcia is just an ex-kayaker


soleman

  • Salmon
  • ***
  • Location: Pt. Richmond
  • Date Registered: Oct 2012
  • Posts: 699
Congrats on the house. We bought a short sale house 5 years ago and the whole process sucked. I can tell you though all the pain in getting the house and the  bitter taste of dealing with a deadbeat, selfish, no integrity a-hole was well worth it in the end. We love our house and I'm grateful ever day for being able to raise our daughter in a home of our own. Good luck with everything.


DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
If you look at it from a differrent perspective.....if they weren't deadbeats you probably wouldn't be moving into your new pad.

Good luck with it however you get it resolved.  And congrats!
Agreed.  The BS is just so thick it's hard to see that perspective right now. 
-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award


DG

  • Sea Lion
  • ****
  • First joined in 2013
  • Location: Ft Bragg
  • Date Registered: Feb 2014
  • Posts: 3664
Congrats on the house. We bought a short sale house 5 years ago and the whole process sucked. I can tell you though all the pain in getting the house and the  bitter taste of dealing with a deadbeat, selfish, no integrity a-hole was well worth it in the end. We love our house and I'm grateful ever day for being able to raise our daughter in a home of our own. Good luck with everything.
It's the perfect coastal place for us that in time will complement us.  We just have to make it our own and get rid of the bad vibes left on the property. 
-----------------------------------
NorCAL HOW Volunteer

2018 NCKA - DOTY Committee Member

2017 DOTY 2 biggest fish awards
2016 DOTY 2nd place / 4 biggest fish awards
2016 Triton X - 2nd place
2016 Triton Open - Biggest Lingcod
2014 DOTY - 1 biggest fish award