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Old 10-16-2014, 12:09 AM   #1 (permalink)
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Join Date: Oct 2014
Posts: 1
Exclamation Foreclosure Unknown Tenants Files Bankruptcy

Purchased home at auction, and then the person at the door said that only tenants live there. They waited until 2 days before sherif was going to evict them and then 1 tenant filed bankruptcy. The problem is that we can't find out who actually lives in the property. They won't answer or contact us. They are just going to say they are 5 tenants and everytime before you try to evict one out of the house another tenant will file bankruptcy. Is there some legal way to find out who lives in the property? Or how to force everyone in the property to all be tried in one case instead of multiple cases? We think the real owner is living in the house and just lying to us about the tenants to delay being evicted, but there is no way we can prove it. This is in CA. Our attorneys can't think of anything...
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Old 10-16-2014, 08:10 AM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
You do an unlawful detainer, which allows everyone to be removed.

If you are the actual owner of the home, the occupants there do not get the homestead exception in bankruptcy.

An unlawful detainer, essentially requires everyone to vacate the property, and as the owner you can post the property California Code of Civil Procedure 415.45

Here is an article explaining unlawful detainer http://www.legalmatch.com/law-librar...r-lawyers.html

In addition it doesn't sound like anyone has a lease, but I guess if for whatever reason the posting didn't work you could see who the old owner was and see who if anyone they signed a lease with.

Odds are the individuals here are just squatters, making stuff up, which is what I deal with all the time. Start the unlawful detainer process, and eventually you will get a judgement, then the Sheriff can do a lockout and remove everyone by force.

Also, do these people actually have bankruptcy cases? Ask who their bankruptcy attorney is or better yet look on PACER to find their case, odds are none exists.
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bankruptcy, foreclosure, real estate, tenant

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