Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I recently purchased a home at an trustee sale (auction) and…

I recently purchased a...

I recently purchased a home at an trustee sale (auction) and the property is occupied (not sure if tenant or previous owner). I am seeking advice on best way to deal with the occupant per Virginia law

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Prince william county, virginia

Lawyer's Assistant: Has anything been filed or reported?

I don't believe the trustee initiated eviction process prior to auction

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have not made initial contact with occupant yet

Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
can you also advise on eviction process in prince william county, virginia
Answered in 7 minutes by:
7/21/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,568
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

.

Once you have the deed in your name, you can begin the termination and eviction process by giving the tenant a written 5 day notice to vacate. If they don't then vacate, you will have to file a formal eviction action in court to get a judgment and a writ of possession that will allow the sheriff to forcibly remove any occupants.

.

But generally, since the occupants likely know that they will have to move, if you offer them "cash for keys", as in some amount to encourage them to voluntarily vacate, often they will accept because if you have to evict them, they get nothing.

.

In Virginia, an unlawful detainer is the most common action used to obtain possession of real property after a foreclosure sale. Following a foreclosure sale, the purchaser must demand possession of the property and provide the occupant, by certified return receipt mail, with a notice to vacate. This notice to quit gives the occupant five (5) days to vacate before the filing of the unlawful detainer.

.

Filing the unlawful detainer in the district court initiates the actual legal proceeding to evict the occupant. The summons states that the plaintiff is the owner of the property and the defendant is the former borrower or an unknown occupant holding over after a foreclosure sale. Once the summons is filed, the defendant is served with process by the sheriff.

.

A hearing is scheduled for three (3) to four (4) weeks from the date of filing. At the hearing, if the defendant and or unknown occupant does not appear, then the plaintiff is entitled to judgment for possession (the order allowing eviction) by default. If the borrower or occupant appears and contests the matter, a trial is set, normally resulting in an order that the purchaser is entitled to Writ of Possession. At a contested hearing, the purchaser must present evidence that the foreclosure occurred and that the party seeking the eviction was the purchaser at the foreclosure sale, or a transferee of the purchaser. Once these facts are proven, the purchaser is usually granted a judgment declaring that it is entitled to possession of the property. The judgment becomes final in ten (10) days if the borrower or occupant does not file an appeal.

.

After the ten-day appeal period expires, the court issues a Writ of Possession. Once the order has been entered and a Writ of Possession is issued, the lender must schedule the eviction with the sheriff's office. The writ is usually executed within two (2) to four (4) weeks of it being issued. The writ expires if the eviction is not completed within thirty (30) days of issuance. The lender's labor crew, under the supervision of the sheriff, carries out the eviction. On the scheduled date, the personal property is "set out" on the curbside.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
based on your answer my understanding is that I can begin process to terminate existing lease (if tenant has valid lease) once the deed is recorded. I just want to make sure the process is same whether the occupant is renting or previous owner.

I apologize for the delay, had to be out of office most of the day.

.

But yes, you are correct, once you have a deed in your name you are the legal owner and can then begin the eviction process.

.

And it doesn't matter if they have a lease or not. The foreclosure wiped that out.

.

And yes, it is the same process for whoever is residing there..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
one more question. would you be able to provide a sample "notice to vacate" to be served to unknown occupants? we don't know the names of current occupants.

Unfortunately, I can't provide legal documents to customers as that would be considered legal representation, which I am prohibited from doing under my agreement with JA.

.

But you just list any notice to "John and Jane Doe, and all Unknown Occupants" and that will cover anyone living there.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Hi, I have a follow-up question. I spoke with the occupant over the weekend. She is the previous owner's adult daughter. The previous owner passed away in August 2016 and the daughter moved into this property in Jan 2017. there is no formal lease in place.
She was well aware that foreclosure proceedings so change in ownership was not a surprise to her. I asked her to vacate the property by end of August and offered to help with moving expense. initially she appeared cooperative but has now become unresponsive.
I would like to initiate the formal eviction process but its unclear as to what reason would apply in this case?
There's no lease agreement so cannot reference any violations. The only reason I can think of is that there is no tenancy agreement in place therefore she's occupying the property unlawfully. Not sure if legally that's a valid reason.Can you please provide some advice on this scenario?

She is legally considered a month to month holdover tenant and you would have to give her a written 30 day notice to vacate and then could file a formal unlawful detainer (eviction) action in court after that notice expires.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,568
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Hello, thanks for your help. I don't really have any more questions at this time.
Just wondering if you practice in Virginia? we may need legal assistance so can you recommend someone? our property is located in Prince William county, Virginia.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
ok, thanks again for the information.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,568
42,568 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

42,568 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
What is the process to gain possession of a property after
What is the process to gain possession of a property after foreclosure? The former owner still occupies the property, a writ of possession was issued on 1/24/17 by the bank (who did not follow through… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
Can the holder of a contract for Deed in IL just evict the
can the holder of a contract for Deed in IL just evict the person because they say the house has been sold? … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Just purchased a Florida home property on auction, currently
Just purchased a Florida home property on auction, currently is occupied by the prior owners. Under florida law, what are my options for getting them moved out of the property?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
Just purchased a foreclosed single family home in Arizona.
Just purchased a foreclosed single family home in Arizona. How do I legally proceed to:1. verify no one is living in the property 2. how do we distinguish if the occupant is the previous owner or a te… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
We're in the process of purchasing a property that was
We're in the process of purchasing a property that was foreclosed and is currently occupied. Our closing date is this coming Thursday and my question is what legal steps are required to have the curre… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,540 satisfied customers
I'm considering purchasing a bank-owned home through
Hello. I'm considering purchasing a bank-owned home through an online auction site. The property is occupied, and according to the auction site, purchaser is responsible for obtaining possession. I ha… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,198 satisfied customers
, I am in the process of attending a tax deed auction
Hi, I am in the process of attending a tax deed auction in California and have few questions: 1- I understand that the owners have the right to redeem their properties up to one year after the auction… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am thinking about buying a foreclosed home in Illinois. The
I am thinking about buying a foreclosed home in Illinois. The home is occupied. ( in Illinois, some banks do not always evict owners...) the home would be purchased through auction, and it would be up… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am considering buying a property at a foreclosure (trustee
I am considering buying a property at a foreclosure (trustee sale) auction. If the property is still occupied by the previous owner when I receive title, what are my options to evict the previous owne… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,568 satisfied customers
My client has been living with his mother for many years. The
My client has been living with his mother for many years. The mother has a reverse mortgage on her home. The mother has died. The home is in foreclosure and ready for auction sale. How long does my cl… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
Im renting a house (lived there for over 3yrs.) just found
I'm renting a house (lived there for over 3yrs.) just found out that it is going up for auction. What are my legal rights to stay there until I can find a place to live… read more
socrateaser
socrateaser
1,031 satisfied customers
I received a Certified letter today. I live in Virginia and
I received a Certified letter today. I live in Virginia and was told my home will be up for auction on the Courthouse steps on June 8, 2011. I had tried a loan modification and the first time was told… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Im am living in a rental property (house) in California -
I'm am living in a rental property (house) in California - I have a 2 year lease. The owner has applied for a loan modification. If he does not get one and loses the house, what are my rights in Calif… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
my landlord here in AZ is in foreclosure AFTER we had a contract.
my landlord here in AZ is in foreclosure AFTER we had a contract. AZ revised statute 33-1331 only talks about foreclosure after signed contract . Are they still obligated to give me notice of foreclos… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I am a home owner in state of Virginia. My home was sold at
I am a home owner in state of Virginia. My home was sold at public auction, there was no bider at auction, which is sold to the lender(reo). How many days can I live in my home before the lender send … read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,568 satisfied customers
We received a notification that our home was going to trustee
We received a notification that our home was going to trustee sale 1/28/10. How long do we have to move out? What is the procedure?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,568 satisfied customers
I purchased a house at a trustees sale. The house is occuppied
I purchased a house at a trustee's sale. The house is occuppied and the renters do not have a leas or contract with the previous owner. what are my options to evict.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
ok.. i do believe it is the owner... did not pay her hoa or
ok.. i do believe it is the owner... did not pay her hoa or something like that... I just wanted to know what do i do to gain access to the property and I know there is a redemption period, but meanwh… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x