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About Dennis Herman
Expertise
I can answer questions on Real Estate such as question on writing an Offer to Purchase. What can go wrong after an offer is written? What is Buyer Agency and what will it do for me? What is a foreclosure? What is the difference between a foreclosure, a bank owned property and a short sale? What is the best way to locate a property? What steps can be taken to avoid foreclosure? How do Real Estate Agents get paid? How can I quickly build equity in a home? How do I view homes? What types of homes will have the best prices? How do I choose an agent? What types of financing are available?

Experience
Residential and commercial real estate. New home purchases. Buyer Agency. First time home buyers. Foreclosures, bank owned properties, estate sales and short sales.

Organizations
Greater Milwaukee Realtors Association Wisconsin Realtors Association National Association of Realtors

Publications
http://activerain.com/bloghome

Education/Credentials
State of Wisconsin Licensed Real Estate Sales Agent Accredited Buyer Agency Training Relocation Training Certified Senior Citizen Representative Wisconsin Real Estate Continuing Education

 
   

You are here:  Experts > Real Estate > Foreclosure > Foreclosure > unlawful detainer

Foreclosure - unlawful detainer


Expert: Dennis Herman - 6/8/2009

Question
My parents were renting out a property in California, they become one of the statistics with a bad loan where they couldn t keep paying the high mortage on that home. They still continued collecting rent money. The tenants were given a 30 day notice but they havent left after 18 days now. Was it unlawful to continue collecting rent and not sending the bank any and to go ahead and evict the tenants? The tenants were being adviced that we were loosing the home and we would be trying to sell or it was going into foreclosure. Can I still file for an unlawful detainer or will this come back and bite us in the ***? The tenants just found a notice of trustees sale on the door with a sale date. I have a feeling the tenants will try to stay as long as they can without paying rent. What can I do?

Answer
Sorry for the delay, but I am glad I checked into this answer.  This site used to have a number of people in the area of law but I could only find one.  http://www.allexperts.com/ep/2260-78923/Law-School/Sally-Kane.htm

Your question is of a legal manner.  I am licensed to sell real estate in Wisconsin, I can not answer legal questions.  

Your best bet is to find out the value on the property before making a decision.   You can also contact a couple of Real Estate agents and have them prepare a study on the house that will show you the prices houses have been selling for in your area.  You may not want to choose the agent that has been trained to say, "I can sell your house for more money than anyone."  That type of marketing does not work in this market.  Ask them if they can supply you a marketing plan in writing.  Being this is the beginning of the year they should have just reviewed their business plan and updated their marketing plan.  If agents are not fine tuning a marketing plan in this market. they are falling behind.  

I hope this helps.  

Here is a link on choosing a real great Real Estate Agent.

http://ez1realty.wordpress.com/2009/02/12/how-to-choose-a-great-real-estate-agen...

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