Question:

Evicting a former owner after foreclosure in Oregon?

by Guest64112  |  earlier

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I'll be meeting with someone from legal aid later this week, but I was wondering if someone could help me with some burning questions that I have now.

I purchased a home though a foreclosure auction at the county courthouse on Monday, August 18th. It wasn't a sheriffs auction or a bank auction, we purchased the home from the trustee and should be receiving the deed within 5-10 business days. I went to get a closer look at the house yesterday, and discovered that there is still someone living there! Everything i've read says that they are to be out in 10 days from the date of sale (not sure if this is correct, but i've read it multiple places), but i'm not sure how to proceed with this - do I start eviction proceedings now, or should I wait until the 10 days are up? Do I have to have the deed in hand? Should I call the woman living there and try to be as amicable as possible or just handle it though the court? I'd be willing to pay her fairly for the major appliences if she needs cash and doesn't want to or can't take them. They haven't done any damage to the place yet, and i'd like to keep it this way. If she does damage at this point, is she liable for it?

Sorry if this is long, but i'm on pins and needles here, and I would appreciate some help. Thank you!

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3 ANSWERS


  1. I would call or visit your local police station and ask them how to best proceed. Ask them if you have to wait to kick her out. Then ask if you have to formally evict her of if they can just accompany you to the home to remove her since she’s actually trespassing.

    Once she’s out (don’t you dare pay anyone for items you already bought), get a locksmith in there immediately to change the locks!


  2. Speak with the Trustee from the sale first.  She should of been out on the day of the sale.  If not, call the sheriff and have them go with you.  You should not have to evict her as the home is not longer hers and you are the owner of it now.  You can decide how nice you want to be also.  Put a letter on the door that states she must leave by a certain date or you will have the sheriff remove her as per the foreclosure sale.

  3. Can you contact the trustee?  I'm not a lawyer, and I don't really know, but I would think the trustee has to get her out of there.  If she damages your property, I would expect her to be liable, but if she didn't have the money to keep the home, she probably doesn't have the money to pay you for anything.

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