Q: I am a real estate investor that has started to participated in bank listed auctions.
If the property is occupied by owner/tenant I have heard that if you are acquiring the property for possession you are allowed to serve and evict the individual with a 30 day notice. They may appeal the eviction which can be dragged out in court for up to another 30 days. I got this legal advice from my primary lawyer whom I trust. My business partner who is a property manager seemed skeptical about this considering the pandemic we are in and the courts being closed.
This is out of my realm of education or competence and I am looking for other opinions and/or perspectives.
Thank you all for your time.
A: Eviction of former owners is handled differently from eviction of tenants. Former owners are tenants at sufferance not entitled to notice to evict but common sense dictates they be given a reasonable amount of time to leave. I do not usually give thirty days notice but it is not unreasonable. You may or may not get a trial within thirty days after the expiration of your 30 day notice to quit. Yes, the former owner always has a right to appeal and that can extend the time during which the former owner remains in the property.
I suggest you go to Masslandlords.net: https://masslandlords.net/ and a consumer website, MassLegalHelp https://www.masslegalhelp.org/housing/lt1-chapter-18-foreclosures to get the latest on evictions in Massachusetts with COVID and eviction moratorium information.
I would be interested to know what your experience has been or will be with sales you attend with the public gathering restrictions, social distance requirements, and the possibility that a sale during the COVID emergency might be 'chilled' because bidders are reluctant to attend due to COVID fears.
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