Posted on 03/23/2021 7:08:00 AM PDT by Brookhaven
A California couple who purchased a home in cash a year ago has been unable to move in due to a coronavirus eviction moratorium loophole in the state.
Tracie and Myles Albert bought their four-bedroom Riverside, California, dream home in cash for $560,000 last year, but the previous owner has refused to move out despite having the money in his account, according to Fox 11 Los Angeles.
"It's genuinely unfathomable to me that we live in a state where something like this is even possible. They closed escrow on this home January 31, 2020," the couple’s real estate agent, Chris Taylor, said about the situation.
California Gov. Gavin Newsom, a Democrat, signed an eviction moratorium last year that was recently extended until at least June 2021, and authorities have told the couple there’s nothing they can do.
A Fox 11 Los Angeles reporter attempted to contact the tenant by knocking on the front door but received no response.
"They have this case under a COVID tenant situation, of no evictions when it doesn't fall under that at all,” Myles Albert said in a statement. “This transaction went through in January 2020 before any of that; it isn't a renter who was getting thrown out. It's the guy who collected all of this money.”
Eviction attorney Dennis Block says he has handled “seven, maybe eight” similar cases of this exact situation” since the moratorium was enacted.
In addition to not being able to access the property they paid for, the couple says the owner has stopped taking care of the house, and it is becoming an eyesore.
"I tried watering the lawn one time, and he came out and ripped my sprinkler lines, ripped all the wires,” Tracie Albert said. “The palm trees are dying, everything was beautiful, and everything is dying."
"It’s just draining, emotionally and financially," she added.
I have bought many houses, I never let the seller or tenant stay one minute past the actual closing - all house must be delivered EMPTY the morning of the closing.
You never know who is gonna decide to just squat.
Look into the possibility of charges of fraud.
Well, it’s California and you just have to expect that the legal system exists to totally screw over anyone who pays taxes, adheres to the law and basically follows the rules.
Time to introduce the Tennant to my friend Slugger from Louisville.
So get your money back and go buy another house? Or did I misread something?
Civil suit for damages in excess of the money used to purchase the home. Pictures and documentation of the refusal to vacate doesn’t depend on the eviction clause. What is being sued for is loss of use, access, and proper care of the new owner’s property.
CA is a communist enclave. It hates private property. Also, no government has the right to forbid eviction. The government doesn’t own the property, although it sure thinks it does.
At this point, it’s been long enough that most likely all kinds of ‘squatter’s rights’ conditions have been invoked, so even without the moratorium it may be very difficult to boot them out.
Start demanding the owner be completely moved out 48 before closing. If they are not, don’t close the sale.
You didn’t misread. You don’t understand.
The squatter has the money. How does “So get your money back...” work for them?
Correct.
Do a final walk through before closing. If someone is still there, don’t close.
Buddy got bit on this a while back. He ended up with the house, but it took a lot of time and money. House was trashed too.
It’s California. You are screwed. Keep voting Democrat.
Doing the same thing over and over and expecting a different result every time...............
People think this is new just because of the virus stuff.
I bought a house in San Jose in 1978. Contract said take possession on closing. Closing happened and the previous owners didn’t leave. I contacted the sheriff and was told it would take at least six weeks to get them out. I harassed the people morning and evening and they finally left after a couple of weeks.
Hmmmmmm.... why would you transfer money without a “final walk through” of the property and a transfer of the keys? Wouldn’t it make sense that you get to look at your final purchase and THEN transfer the cash? Shouldn’t that be the law?
There was a $30,000 tax lien on the house.
The original owner was likely broke. And now that he has sold the house, he likely doesn’t have any assets other than the money he was paid for the house.
In other words, there’s nothing to sue him for.
Also...do a walk-thru prior to closing to ensure house is empty, undamaged and has the items you were promised. Anything funky...don’t close.
Have the locksmith there to change the locks immediately after closing. Locksmith gives no one the keys except the new owner.
WHY in the name of God all things holy would you EVER want to live in the communist state of California much less blow half a mill on a house??? Why not move to North Korea? At least there you’ll get a little more freedom.
Umm... something like that. After all, the law is an a**.
Mistake number one: Living in Californistan.
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