Legal Question in Real Estate Law in Virginia

Options/Recourse to evict former owners of short-sale?

My husband and I are scheduled to close on a home tomorrow that we are purchasing through a short sale in VA. The closing date has change 4x over the past month. As a result, the current owners have not started packing their belongings. Their agent has notified us they will not be out in time nor do they have a timeline for when the family will be moved out entirely. We offered a rent back agreement over a month ago when our closing date was first scheduled until 7/15 but we revoked the offer today because we are being pressured by our lease agreement expiring July 31. I'm concerned that the family will not move in time and/or damage the house if they feel forced but my husband and I have no other options for our impending move. Any suggestions how to peacefully/successfully proceed?


Asked on 7/08/09, 1:19 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Options/Recourse to evict former owners of short-sale?

"The current owners have not started packing their belongings", you claim, and "the closing date has changed 4x over the past month"?

My surmise is that these folks will not be leaving any time soon and in all probabilty not without the assistance of the local Sheriff's Department. And, therefore, for you to proceed with the closing scheduled on the morrow will likely prove a vexatious and foolhardy undertaking on your part (in my opinion).

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Answered on 7/08/09, 4:09 pm


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