What to do if I want to buy a foreclosed property but the bank has been unable to evict people who may be relatives of the previous owner?

They moved in the same day that the owners left. If I buy this property, am I stuck with these people? Can me or my family move into our own property?The bank tried evicting them; it has been 251 days. There is garbage everywhere and they may be destroying the house.

Asked on July 18, 2012 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, you will be able to ultimately get them out, if they truly do not have any legal right to remain there (e.g. are not tenants, in which case they may be able to stay for at least 90 days after you get the property, and possibly for the remaining balance of their lease term; and/or are not part owners of the property, or have a life tenancy). However, that will take litigation on your part, and if they either have a viable claim or are willing to perjure themselves  or lie, it could take months and many thousands of dollars, during which time you'd be paying the carrying cost for the house, they'd be able to do more damage to the home...in my experience, it is rarely worthwhile putting yourself into that type of position and exposing yourself to those costs and liability.

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