Legal Question in Criminal Law in Michigan

I am looking to buy a house through a foreclosure auction site in michigan. The only issue I am having is that the previous tenants are still living there and I'm not sure if they are going to leave.

The auction clearly states," Seller does not represent or guarantee occupancy status. Buyer is responsible for obtaining possession of property upon closing. DO NOT DISTURB OCCUPANT. See contract for more information." Also under the description of the property it says, "REO Occupied - the seller does not represent or guarantee occupancy status. NO VIEWINGS of this property. Please DO NOT DISTURB the occupant. "As is" cash only sale with no contingencies or inspections. Buyer will be responsible for obtaining possession of the property upon closing.

Live bidding is ACTIVE for this property, sold in "as is" condition with no contingencies or warranties. Cash only. Make your bid now!

So, My question is that after the end of the auction once I own the property how do I get these people off of my property? Once it is mine aren't they then trespassing and subject to being arrested? Also, If I am able to get into the house and take pictures of everything before they move, will it protect my house from being damaged or robbed?


Asked on 6/05/14, 4:51 am

2 Answers from Attorneys
Tracy Gaudenzi Torni Gaudenzi Law, PLLC

You will need to evict the occupants, if any. From what you posted, they are preventing you from disturbing current occupants prior to purchase.

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Answered on 6/05/14, 6:56 am

Buying a house without a lawyer being involved is almost always a bad idea. You should consult with an experienced real estate lawyer before making any decisions about buying any property.

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Answered on 6/05/14, 2:02 pm


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