there is no agreement with the previous owner. He is the previous owner. His uncle (50% ownership) bailed him out because the bank was about to take the house. All he wants is to sell and get his money out by selling me the house. He had to go to court and fight for the rights to sell. The judge rule in the uncle's favor within 10 minutes. The uncle wants to sell it to me but we know he isn't going to leave.

Flyenby,

Yes the courts have cut back hours like crazy. This case was delayed by 4 months.

Paying , to get him out, as advised earlier in the thread, may just be your best bet here . It sounds crazy, but we just did this with real bad tenants, and it saved us months of grief, and court dates. We basically gave them enough money to get into their next place, and sent them on the way. $850.00 out of pocket verse, them staying for 3 months , all the while trashing the place, not paying rent, and making our lives hell. Plus, I never missed a day of work for court, or to file papers at the magistrate.

His uncle tried to pay him 70,000 from the profit of the sale to get him to sign. This way they wouldn't lose the house with nothing. He did not take the deal. At this point, I am willing to pay him 5000 cash if he leaves.

The squatter is the nephew of the owner.

The uncle won't do anything to make him leave. You can try to PAY the nephew to leave, but I bet he will take your money and then not leave, and then you threw away that money.

In this situation, the cards are not in your favor.

__

No amount of $ would tempt me to enter into such a situation either :D

Life is just too short...

Sounds like the nephew is still disputing ownership if he refused $70k to move. He can easily fight eviction if he tries. Why would he take $5k if he would not take $70k? I think you need to lawyer up and hope he is too poor or stupid to do the same.

This is known as a sticky wicket.

He lost ownership of the place two weeks ago fair and square. The judge ruled in favor of the uncle for the sale so he can recoup his money. He is too stupid and have no money. I am afraid of lawyers who work for free and fight just to fight.

Been there done that...
 

I live in SF Bay Area and my wife and I went through a very similar process. My wife's father let an old acquaintance live in a camper on the back of their property to help him out. It was only supposed to be for a few months. No rent. All verbal. 10 years later we buy their house and left him a note on the camper that he needed to leave. We gave him a deadline. The deadline came and went and he was still their. A friend and I went to his camper with sledge hammers in hand as we were going to break the door down and drag the guy and his crap to the street but stopped when we found a note from his attorney taped to the door. We ended up using a lawyer to evict him. It is a simple and relatively inexpensive process it just takes time - like 60 days. It was about $1200. You have to go through the formal eviction process even for squatters.

BTW. This guy was using one of those free lawyers for low income folks as well. As long as you follow the legal process right down to serving the notice properly (there is a specific and exact way to serve the notice) you'll be fine. If he remains after the judgment the Sheriff will come remove him forcefully. I would highly recommend getting an eviction attorney involved before you do anything else.

No way. Friend of mine had a similar situation, bought a house with his RE partner and had to go through a whole process to get rid of the deadbeat prior owner squatting in the house. Finally jumped through all the hoops and the proud moment arrived when they walked up to the front door with the sheriff's deputy to pull the deadbeat PO out.

Deadbeat PO opened the door with a hand cannon and opened fire, ventilated my friend's partner - killed instantly. Everybody else made it out alive.

burn him out

I have no problem waiting him out for 90 days and have a lawyer do all the property paper work. Where do I start looking for such lawyer and not one of those guys who only file papers.

Another question. what do the sheriff do when they drag his ass outside? Do they leave him there in the curb or do they take him somewhere where they can't do any harm to the new owner?

Ya know, this has the makin's of a great midnight movie.

As I understand it, lawyers file an illegal detainer suit, go to court and get an eviction order. Then follow up with necessary paperwork to finally have the sheriff come and physically remove the offending party. It is a process routinely done by apartment building owners. You should easily find such a lawyer by googling eviction lawyers in Los Angeles.

the squatter might think its laundry day!

Send "Vinny" and "Dino" over to give him some "Dancing" lessons, and if he lawyers up, send them over to the lawyers as well!

Vinny's a fireman and contractor. What's he gonna to do, put out the fire? I don't know Dino on this bd. :D

What porwolf said.

You don't need a lawyer for an eviction. Just a properly served 30 day eviction notice. They can stay for 90, but after that, the sheriff will escort them out.
Of course, double check all this stuff, but i think i am correct.

You said earlier you didn't mind spending some money to buy him out. Screw that guy, if you can wait the 90, spend the money on some legal advice instead.

I think you'll be OK. It doesn't seem that complicated of a situation.