Posted by Jeff Ortler on 5/25/10 6:29pm
Msg #338202

Got my first lock-out assignment this Friday...

Got a call to assist in 2 lock outs of tenants in a condo complex down the street from my house. Pay is $50/ea and is supposed to take about an hour total... i'll let you know how it goes!

Reply by LKT/CA on 5/25/10 6:53pm
Msg #338210

Tenants must be evicted through the courts and the marshal or sheriff tosses them into the street once the judge grants the eviction. Legally, people cannot be "locked out" for nonpayment of rents, nor can their possession be held hostage or dumped at the curb. The judge/courts side with tenants against landlords and it's unfortunate that people can get in a place and be there without paying rents and the owner is stuck paying the mortgage until the court grants the owner the rights to have the deadbeats evicted by force (i.e. the marshal or sheriff).

You don't want to aide and abett wrong doing on the part of the owner. You didn't give much info so I guessed at what's going on. Please clarify. What *exactly* is your role in this?

Reply by BrendaTx on 5/25/10 7:09pm
Msg #338212

It could be that the condos have been abandoned.

Reply by LKT/CA on 5/25/10 7:15pm
Msg #338216

Abandoned condos don't have tenants, maybe ghosts of tenants but then ghosts can just float through the walls - they don't need "locking out".

Reply by BrendaTx on 5/25/10 7:16pm
Msg #338218

Sure they can have tenants.

People buy condos all the time to rent out.

Reply by LKT/CA on 5/25/10 7:24pm
Msg #338220

Re: Sure they can have tenants.

True, but the buyers are the owners, and would be labeled "occupants" not "tenants". OP said he was assisting in a "tenant" lock-out. Why would an "owner" be locked out?

OP didn't give enough info but I suspect my "guess" is correct, which is why he didn't respond further, or maybe he had an appointment, posted quickly and ran off to an appointment. We'll see.

Reply by BrendaTx on 5/25/10 7:33pm
Msg #338224

Re: Sure they can have tenants.

He said tenants because they are tenants.

The "owners" were renting to "tenants".

Hmm....and look...he has posted an explanation and it seems Jeff knows more about what he's doing that we do.

Reply by LKT/CA on 5/25/10 7:40pm
Msg #338225

Re: Sure they can have tenants.

<<<He said tenants because they are tenants. The "owners" were renting to "tenants". Hmm....and look...he has posted an explanation and it seems Jeff knows more about what he's doing that we do.>>>


Yes, I read his explanation and it clarified everything. However, his explanation and what he wrote has no bearing on what you wrote and my response to what you wrote.

Reply by BrendaTx on 5/25/10 7:44pm
Msg #338226

LOL...if that's what you say. n/m

Reply by LKT/CA on 5/25/10 7:46pm
Msg #338227

<Goofball grin>....yep, it's what I say n/m

Reply by LKT/CA on 5/25/10 8:34pm
Msg #338235

Re: LOL...if that's what you say.

It seemed to me that Jeff purposely withheld clarification - as long as he saw a "fight" happening, which wasn't really a fight, but just speculation back and forth. I asked for clarification immediately in my post and he was silent. While the exchange was going on between myself, you and James, he had a ringside seat (he probably ran and got the popcorn and soda ready)....enjoying all the dialogue until in one post I wrote "we'll see" which I think was a clue to Jeff that no more exchange until he clarifies - then he pops in with the full details.

Interesting.....I think next time, in the absence of info from the OP, I'll just ask for clarification first thing.

Reply by Notarysigner on 5/25/10 7:09pm
Msg #338213

Ditto

Without more info..it's hard to respond to this post. I have experience being on both sides of this situation, as a tenant (being evicted) and as a landlord (doing the evicting)..there's more to it then what's mentioned. BTW There wasn't a notary involved in the process.

Reply by Jeff Ortler on 5/25/10 7:55pm
Msg #338230

Re: Ditto

James, I'm not doing it as a notary...I've had to expand my comfort zone to include other lines of field work... I also just got a call from another law firm asking me to handle 5 more next week.... at a slightly higher rate because of distance..

Reply by Notarysigner on 5/25/10 8:06pm
Msg #338232

Ok I posted down the thread before I read this..it's cool n/m

Reply by MW/VA on 5/25/10 8:35pm
Msg #338237

Re: Ditto

I don't envy you that line of work. Times are tough, people are desperate, and desperate people do all kinds of crazy things. At least the sheriff is apparently the one doing the actual evicting.

Reply by Notarysigner on 5/25/10 7:14pm
Msg #338215

the sheriff's department does the lock out. They simply ask the tenant to step outside and then inform them they cannot go back in and place a lock (the owner) on the door.

Reply by LKT/CA on 5/25/10 7:19pm
Msg #338219

I believe the sheriff has to see the court order for this first, which means a judgment was made against the tenant in a court action brought by the plantiff (landlord/owner).

Why would a sheriff need anyone other than another sheriff (also with 9mm, pepper spray, baton, handcuffs, shotgun in cruiser, dog, etc) to assist them in a tenant lock-out, particularly a civilian (i.e. Jeff)?

Reply by Jeff Ortler on 5/25/10 7:26pm
Msg #338221

Re: Got my first lock-out assignment this Friday...Explained

It is a foreclosure, the tenants dont own the home they are renting and refuse to leave. I am assuming the case has already been adjudicated. I am meeting the sheriff at the location because they need to turn the possession of the property to someone. They have already contacted a locksmith to rekey the properties and all I have to do is take the copy of the keys from the locksmith once the sheriff is done and then overnight the keys to the bank or the banks rep.

Reply by LKT/CA on 5/25/10 7:32pm
Msg #338223

Re: Got my first lock-out assignment this Friday...Explained

Thanks for clarification. I guessed it was some ticked off landlord that finally got fed up "to here" with deadbeat renters, watched them through the bushes (or sat in a car down the block with dark tented windows) to see when they left the premises, then planned to change the locks and kick their belongings to the curb.

Boy do I watch too much TV! I need to start reading again, LOL!!

Reply by JanetK_CA on 5/25/10 11:37pm
Msg #338267

Re: Got my first lock-out assignment this Friday...Explained

I believe there's a good possibility it could also be the other way around. I agree with Brenda's comments above and here's why. If the property was foreclosed on, it's just as likely that the owner was the one not paying the bills. All too often, the "tenant" who lives there is still paying rent to the owner, who may owe more than the rent being collected - especially if they had an adjustable rate loan. During the boom, many, many people overextended themselves and bought investment properties with ARMs, thinking they were making a great investment. Fast forward, the property is "underwater", monthly payments are now adjusting, and the owner is in trouble - especially if they bought several this way.

So the bank typically forecloses on the property and wants the tenants to move out (stupidly, if you ask me) believing they can sell the property more easily that way. The tenant is the one who gets caught in the crossfire. This is happening all over the place.

Reply by jba/fl on 5/26/10 6:25am
Msg #338276

Re: Got my first lock-out assignment this Friday...Explained

My GD got caught in just such a scenerio - they were given several options: move with relocation allowance, lease, lease to own, and another I forgot. They decided to move - ended up with more privacy. Had they opted to lease month to month, they would have been required to allow showings for sale with little or no notice. They did not want to buy.

Reply by Notarysigner on 5/25/10 8:03pm
Msg #338231

Re: Got my first lock-out assignment this Friday...Explained

So then you are acting in another capacity ( process server ) other than just a notary maybe. Will you be witnessing something/somebody's signature? Or are you just letting us know you got a cool gig? Or in addition to you're being a notary you are also a process server? BTW do you have a bullet-proof vest? Just a thought.

Reply by BossLadyMD on 5/25/10 8:35pm
Msg #338236

he's definitely not working as a notary on this gig

lol @ james 'bullet-proof vest'
i dont care dry this market is right now - there are just some jobs i'm not gonna get caught up in, JMHO

Reply by Ali/IL on 5/25/10 8:42pm
Msg #338242

Re: he's definitely not working as a notary on this gig

I wouldn't be so excited to announce something like this. The way that things are today. I think everyone may have family or someone that you know going through something like this.

Reply by Glenn Strickler on 5/25/10 11:42pm
Msg #338268

Be careful

I don't know what area you are working in or how you have been briefed on what happens, but I was married to a sheriffs dispatcher for 15 years and from personal knowledge, these things can go south very quickly. Be careful.