QUESTION
How should I begin the process of removing an occupant from a home as I take possession after a foreclosure sale.
Asked on Jun 18th, 2020 on Landlord and Tenant Law - Ohio
More details to this question:
I will close around July 2 on a purchase of a bank owned, single family home in Mentor, Ohio. I am a sole member LLC and wish to rehab and resell the home. Apparently there is no lease and, while I have had no contact or information with the occupants, I assume that the occupants are the prior owners who have lost the home to foreclosure. I assume that I should do all through a lawyer? Also, do I have right of access before or after beginning the removal process?
1 ANSWER
Family Law Attorney serving South Euclid, OH
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N.P. Weiss Law
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If the owner hasn't vacated then you will need to file a writ of possession in the foreclosure case. You will need to use a lawyer for this as you are an LLC, and outside of small claims you can't represent the company. There is a three day notice provision that you will have to serve on the former owner, and then you can proceed with your writ. The process is very similar to how an eviction works.
Answered on Jun 23rd, 2020 at 9:58 AM