How do you keep an eviction from showing up on your report?

[ssmdem]

I have two properties that we're surrendering which will go into foreclosure unless I can get the bank to agree to a deed-in-lieu. I'm reading now about people getting evictions filed against them when they aren't even in the property. I plan to be moved completely out of each before the auction, so there's no need for the bank to issue an eviction notice. How do I keep that from happening -- contact them prior and send keys?? Any suggestions? Not banking on them accepting the deed-in-lieu, so how do I keep the eviction off my record when they have no reason to file for it?

[mrskal]

I think you are confusing eviction with foreclosure. I believe eviction is for renters. If you own the houses, and do not get the deed-in-lieu, you will get forclosed on if you are not paying. I am pretty sure there is no avoiding that, even if you move out of the property.
As far as I have read, in order to do a DIL, most lenders require that the house was on the market for at least 3 months before they will consider this. You can try the short sale first, and then if that does not go anywhere try for the DIL.
The DIL and the short sale will go on your credit report also, but probably not as bad as a foreclosure, not much better though.

See what everyone else responds since this is only what I have seen and heard, no real experience with it myself.

[ssmdem]

Well, even as a homeowner, if you don't voluntarily vacate the property after the sale, they have to file an eviction to get you out. Some people will stay just to buy more time, but I'm not going that route. We're going to be out before the sale. I just don't want the bank, who in both cases for us, would be the one acquiring the properties at the sale to just automatically file for an eviction when we're out and it's not necessary for them to do so. Just reading some posts where they have done so, and consequently, there would now be an eviction on my record - which I'm trying to avoid. Just wondering how to avoid that so it doesn't happen.

I'm not worried about the deed-in-lieu versus foreclosure on the credit report though. If they won't agree to the deed-in-lieu (which they've already expressed interest in one property in doing so), then they can foreclose. We're filing for bankruptcy anyway, so the only benefit to me in doing the deed-in-lieu is shortening the length of time before we can get another mortgage.

If we can get them to do the deed-in-lieu, then obviously the report of eviction won't be an issue. Just trying to make sure the bank doesn't file that if we do end up just letting them foreclose.

[mrskal]

Not sure then, hopefully someone else will respond. I cant see how you could get an eviction if nobocy is there. That really stinks that it happened to other people.

[bulletproof77]

During the foreclosure, the bank will send someone out to the property to take pictures of the exterior and to see if the property is occupied. Since you are planning to leave, an eviction is not necessary. Evictions are usually only occurring if someone fails to leave the property after the trust sale and is either refusing to leave, or fails to take an offer of "cash for keys"...AT that point, eviction is an option for the banks, they are doing them and as a homeowner in a foreclosure, you will find that you have a lot less legal standing to remain than a renter with a valid lease. You should avoid an eviction if possible. You will not have much of a problem renting a home after foreclosure/BK with an understanding landlord. But they are all very harsh on people with an eviction record.

[bulletproof77]

Well, even as a homeowner, if you don't voluntarily vacate the property after the sale, they have to file an eviction to get you out. Some people will stay just to buy more time, but I'm not going that route. We're going to be out before the sale. I just don't want the bank, who in both cases for us, would be the one acquiring the properties at the sale to just automatically file for an eviction when we're out and it's not necessary for them to do so. Just reading some posts where they have done so, and consequently, there would now be an eviction on my record - which I'm trying to avoid. Just wondering how to avoid that so it doesn't happen.
And the banks don't automatically file an eviction action. Only after the property has reverted back to the bank and is still occupied and occupants are refusing to leave. Good luck with getting them to do a DIL. They usually require that the house be listed as a short sale for at least 90-120 days and even then they will usually want you to agree to reaffirm the deficiency on the note..No thanks..

[ssmdem]

And the banks don't automatically file an eviction action. Only after the property has reverted back to the bank and is still occupied and occupants are refusing to leave. Good luck with getting them to do a DIL. They usually require that the house be listed as a short sale for at least 90-120 days and even then they will usually want you to agree to reaffirm the deficiency on the note..No thanks..

If they don't do the DIL, it's fine. And I'm not reaffirming a thing. They've sounded positive about the DIL if it comes to that, but I'm not banking on it. They can go that route or just foreclose.

We're staying here until the sale and then vacating immediately, if not before if I find a rental that I don't want to miss out on. I just wanted to make sure an eviction wasn't filed. On another thread, a poster is saying an eviction was filed for a rental property that was actually empty that had been foreclosed on and now he's got that on his records. That spooked me. I just want to make sure the banks know - "Hey, it's yours - I'll send ya the keys." The last thing I want is an eviction in addition to the bankruptcy and foreclosures. I'm a landlord myself -- at least until that property is foreclosed on as well, and yeh, you're right, I wouldn't take someone with an eviction on their records either.

[SMinGA]

Keep in mind that the other poster may not have provided all the details. Perhaps his renter left some things behind, did not leave the house empty?

From my past days working in property management, if we had any doubt as to whether or not a rent had 'skipped out' then we proceeded with the legal eviction. If there was furniture, etc. left behind it was just a good idea to let the legal process finish. Liability was the key, I imagine, so no one could come back a week later for their things and argue the management company had illegally evicted them.

[ssmdem]

Keep in mind that the other poster may not have provided all the details. Perhaps his renter left some things behind, did not leave the house empty?

From my past days working in property management, if we had any doubt as to whether or not a rent had 'skipped out' then we proceeded with the legal eviction. If there was furniture, etc. left behind it was just a good idea to let the legal process finish. Liability was the key, I imagine, so no one could come back a week later for their things and argue the management company had illegally evicted them.

Good point - you're right. I had planned on closing all the blinds so that the properties wouldn't noticeably be vacant to deter any vandalism -- but now I'm thinking I need to open them all up so there won't be any question at all that they are empty. Neither are in an area that I'm terribly concerned about vandalism, but I guess you never know. But in the long run, I guess it's not my problem if the properties are no longer mine anyway.

[ryan]

In states with Judicial Foreclosure, after the FC sale, it must be confirmed by the judge at a hearing.
If you appear at that time, judge will usually grant 30-60days for you to vacate. The only way you get an eviction (which is also a legal process) is if you stay past the time the judge originally ordered.

...and yes, eviction makes renting harder to do.

[ssmdem]

In states with Judicial Foreclosure, after the FC sale, it must be confirmed by the judge at a hearing.
If you appear at that time, judge will usually grant 30-60days for you to vacate. The only way you get an eviction (which is also a legal process) is if you stay past the time the judge originally ordered.

...and yes, eviction makes renting harder to do.

Thanks, that's good to know. I have no intention of letting it get that far. Would actually love to move out now and begin renting and put it all behind me, but I know that's a foolish decision when we can stay right now rent free.