What happens on a short sale once it closes it the old owner is still in the house?

**WHB Solutions** · 07-03-2010, 01:28 AM

I would request that the lender helps to make sure the owners are out of the home as part of the closing. Technically the house is still the owners until it is foreclosed or the short sale completes. If they are sill there after the deal closes, you will have to move towards an eviction process and that could take a couple more months.

**agenttraining** · 07-03-2010, 09:20 AM

This is a key part of the research you need to do. The good news is that evicting an owner is far easier than a tenant.

**SallyStrumbo** · 07-16-2010, 11:38 AM

Perhaps they never got the memo....

**Hollywood Landlord** · 10-03-2010, 01:33 PM

Once the sale closes, the owner becomes the tenant. If he does not leave willingly, you will have to proceed with the formal eviction.

**JLNorthOC** · 10-04-2010, 10:19 AM

Because it was a short sale that means that the owners (sellers) took it upon themselves to get an agent involved to help them sell the house. If the owners were involved in the sale I couldn't imagine them being difficult to get them out of the house. In the purchase agreement it should say the number of days after the close of escrow for the owners to move out and the buyer to take possession. I usually give the owners 3 days after the closes of escrow. If they are not willing to get out then you will have to evict them.

**Chrisopher Moltisanti** · 10-04-2010, 11:25 AM

1) "I would request that the lender helps to make sure the owners are out of the home as part of the closing.". -what lender is going to agree to this? And what authority do they have to ensure "the owners/sellers are out of the....blahhhahalburgerkingalahahfhlafhaaf. Give me their number, right now.

2) If the seller(s) refuse to leave, AFTER the sale (or after the NEW owners time contingency), or AFTER the closing, can't THE NEW owners of subject house have them bodily removed by the Sheriff?

What's all the talk about eviction? New owners, new Sheriff in town and his name ain't Reggie Hammond.

**Ethenwoo** · 10-05-2010, 02:48 AM

In the case of an owner occupied short sale, the owners generally do not have to move out of the house unless stipulated in the sales/escrow docs that the home will be vacated prior to the closing. This is due to the fact that so many short sales don't actually close, and the owners are stuck if they have moved out and the sale falls through.

**Chrisopher Moltisanti** · 10-05-2010, 04:34 AM

I understand what you're saying. Just in case the tenth-month Short Sale falls through at the closing, the contract should stipulate the CURRENT owners can remain in the home IF the closing doesn't happen.

**francinebourne** · 10-28-2010, 11:50 PM

100% agree- but you need to talk with the owner first. If they don't want to leave willingly then you need to leave it to the law.

**White Bear Lake MN Homes** · 11-01-2010, 08:29 PM

Originally Posted by WHB Solutions

I would request that the lender helps to make sure the owners are out of the home as part of the closing. Technically the house is still the owners until it is foreclosed or the short sale completes. If they are sill there after the deal closes, you will have to move towards an eviction process and that could take a couple more months.

WHB SOlutions is correct about the eviction proceedings, however, if run properly, an eviction should only take 3-4 weeks. Good luck!