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Had Experience With Missouri Eviction After Foreclosure Buy? |
Larrygs
19 Posts
Member Since: 07/30/2004
Allenton, MO
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Posted: 00:12 on 08-18-2004
It seems to me that buying a forclosure house with the "owners" still remaining in the house after the sale is a problem. I understand in Missouri you must go to court to get an "unlawful detainer" court order to remove someone from property, even renters. I called an attorney and he said it could take several weeks and cost around $2,000 in attorney fees and court costs. Does anyone have experience at getting this done? Can an individual bypass the attorney and file for this type of court order if he has the proper forms?
Any suggestions about how to evict in Missouri would be welcome.
Larry
[ Edited by Larrygs on Date 08/18/2004 ]
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Stockpro99
2170 Posts
Member Since: 07/01/2003
Salt Lake City, UT
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Posted: 00:19 on 08-18-2004
check on the net and with your local RE club. I think that most cities have someone that will do it for a few hundred..
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Larrygs
19 Posts
Member Since: 07/30/2004
Allenton, MO
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Posted: 23:35 on 08-18-2004
Thanks Stockpro99 for the reply. I found some Missouri law on the subject using the internet but no RE clubs in my area. However, I did go to the court house and found an "unlawful detainer" eviction case that fits this situation.
The lending bank made the only bid at a foreclosure sale and received a Trustee's Deed to the property in late February, 2004. They filed a "Complaint In Unlawful Detainer" in the local circuit court to evict the past owner from the property in May, 2004. That prior owner contested the eviction representing herself at court. After some legal dancing, an eviction judgement was finally ordered on August 5, 2004!
Although an attorney represented the lending bank (new owner) in the action, it appears to me that the procedure is not overly complicated and that maybe a foreclosure buyer could represent himself!? Anyway, I copied several pages of the case file for future reference.
Larry
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