Business Debt, Collections Probabate, Foreclosure and Vacant Property

[David Howland]

Jurisdiction

California

Foreclosure in CA -AND- Out of State Probate pending. The 4 bedroom home and Property has been vacant for more than 90 days. My foreclosure is in process. The property is upside down financially.

The property has been damaged and broken into at least 4 times in the last 90 days. Personal Property has been stolen inside and out, including California registered vehicles. I have provided the person who is to become the probate administration representative with all pictures and information so that she may file stolen property reports. She is not yet administrator and will not offer support that we have the property occupied. She has stated no formal objection to my placing renters in place. I want to corporate with Probate as well as require any renters to do so as well.

She tells me the police will not take a report from her until she is official. She has all the info she needs. You also had a real estate agent go though the house and verify the damages.

My question is, while she (future administrator) has not raised any objections to my installing people in the home to watch it on a Month to Month rental, what California Statutes might be in my favor. I am not asking anyone to offer an opinion on the entire matter. I believe our situation will become manageable once she is officially administrator. While the process takes time, I am suffering huge damages.

 

[adjusterjack]

I am suffering huge damages.

How and why are you suffering damages?

When did the owner die?

Where is the main probate occurring?

 

[David Howland]

How and why are you suffering damages?

When did the owner die?

Where is the main probate occurring?

The destruction of the home from robbery and neglect will add expense to the property which I will sell after foreclosure, if no one bids, I will own. It is unlikely any bids will take place.

The owner (borrower) died in Early January of natural causes.

The Probate will be 3000 miles on the other side of the US. Their is only one heir.

 

[adjusterjack]

Their is only one heir.

Is it you?

If it's not you, then the house is none of your business until you own it.

And if you buy it in poor condition I hope you get it cheap enough to make it worth while because nobody is going to owe you a nickel for what is happening to the property now.

If you are the heir and the executor is not complying with statutory or fiduciary duty you might have a claim for losses to the property. However, a couple of months for an ancillary probate where the property is located is not out of line.

Consult an attorney and see if there is anything you can do to safeguard the property if you are the heir.

 

[zddoodah]

Foreclosure in CA -AND- Out of State Probate pending.

You sort of jumped right in the middle of the story and left out basic background information.

What property is being foreclosed?

Who owns the property? You? Just you? Or you with someone else?

Who's living at the property? I honestly can't tell from your post if you do or don't live there.

What is the relationship between the property in California and the probate proceeding in some other state? What other state? Is the property owned by the deceased person whose estate is pending probate?

If you don't own it, and since you apparently don't own the property, why is this any of your concern?

Personal Property has been stolen inside and out, including California registered vehicles.

Whose vehicles? Yours?

She has stated no formal objection to my placing renters in place.

On what authority? If you don't own the property, why would anyone think renting the property from you is valid?

You also had a real estate agent go though the house and verify the damages.

I didn't have anybody do anything. Why would "a real estate company" be verifying property damage? On whose authority did this company do this?

My question is, while she (future administrator) has not raised any objections to my installing people in the home to watch it on a Month to Month rental, what California Statutes might be in my favor.

I'm not really sure what you mean by this, but you have provided precisely zero information regarding your connection to this property or regarding your authority to "install" tenants.