evicting an unregistered tenant

galway_blow_in said:
perhaps none exist where a fresh creditor can climb on the new owners property,
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There is no mechanism by which a creditor could obtain a judgement to register a charge against property formerly owned by a debtor.

Your solicitor will perform final searches just prior to closing the sale, any charges such as this would crop up then. Your solicitor is best placed to advise on what your auction contract entails in the scenario that a charge is registered after the auction but prior to closing. Generally, any such charges must be paid by the vendor from the proceeds of the sale, they don't pass on to the new owner.
 
Leo said:
There is no mechanism by which a creditor could obtain a judgement to register a charge against property formerly owned by a debtor.

Your solicitor will perform final searches just prior to closing the sale, any charges such as this would crop up then. Your solicitor is best placed to advise on what your auction contract entails in the scenario that a charge is registered after the auction but prior to closing. Generally, any such charges must be paid by the vendor from the proceeds of the sale, they don't pass on to the new owner.
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This is the situation, all the previous stuff about garnishee orders is nonsense.
 
How come? I thought you bought this at auction for cash? Don't they always warn you that successful auction bid is contractually binding?
 
Don't pretend to be an expert, but I thought that was the whole point of buying at auction - that it was a binding contract?
 
Thirsty said:
Don't pretend to be an expert, but I thought that was the whole point of buying at auction - that it was a binding contract?
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I don't know the full details yet but if it does fall through, i won't loose my deposit, that i am assured of, solicitor is to get back to me later
 
Paul O Mahoney said:
Reading this just reinforces my view that the law isn't working on behalf of landlords. Everything is skewed in favour of the tenants.

Just one point whoever rang threatening placing a charge is trying his/her arm.
You bought the property and you said from a receiver surely any outstanding creditors must contact the receiver regarding this.

Frankly I'd report it to the guards, it smacks of extortion. Once the sale goes through it's your property and anyone who is a creditor can deal with the receiver. (Unless the law has changed)

Doing the right thing isn't always the best strategy, I speak from experience you bend over backwards to accommodate tenants but they do nothing on their side.
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Looks like i may have to consider calling the guards, seems my address details were leaked by someone and it certainly was not the tenants as i did not divulge that information to them.

Guy ( perhaps more than one) drove up to our entrance gates around 6pm this evening, my other half wasn't home from work so i shouted over to him, he knew my name and asked me to come over " for a little chat", i asked who he was and he identified himself, thing is i know the name of the guy who has been calling my number every other day since last week, my solicitor learned it from the vendors solicitor, apparently he has been calling them up too

I was unable to see this persons face, could not go further than the front door as the kids were inside, i shouted that i was calling the guards and he or they drove off, didn't confirm my name, should have got reg plate but two kids under four cannot be left alone

Wasn't the vendors who leaked my name as my solicitor asked them, they immediately told her the name of the guy, I'll talk to my solicitor in the morning but won't rush into contacting the guards, someone brazen enough to come to my home is unlikely to be perturbed by a call from the guards, i wasn't threatened in any way

Altogether bizarre development
 
That sounds awful, very intimidating and upsetting.

Unfortunately there is nothing illegal about a one-time arrival at your gate.

Keep a record of it in case it becomes a pattern.
 
RedOnion said:
It's not the first time I've heard of something like this.

There's 1 particular property that has been 'sold' at least 3 times that I'm aware of at auction, and is still not sold.
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I don't know if the possible collapse of the sale is down to this, don't want to speculate, it's concerning regardless of the sale details
 
NoRegretsCoyote said:
That sounds awful, very intimidating and upsetting.

Unfortunately there is nothing illegal about a one-time arrival at your gate.

Keep a record of it in case it becomes a pattern.
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I might have been foolish to say i was calling the guards, sort of confirmed to the guy he had the right place - guy.
 
galway_blow_in said:
Looks like i may have to consider calling the guards, seems my address details were leaked by someone and it certainly was not the tenants as i did not divulge that information to them.

Guy ( perhaps more than one) drove up to our entrance gates around 6pm this evening, my other half wasn't home from work so i shouted over to him, he knew my name and asked me to come over " for a little chat", i asked who he was and he identified himself, thing is i know the name of the guy who has been calling my number every other day since last week, my solicitor learned it from the vendors solicitor, apparently he has been calling them up too

I was unable to see this persons face, could not go further than the front door as the kids were inside, i shouted that i was calling the guards and he or they drove off, didn't confirm my name, should have got reg plate but two kids under four cannot be left alone

Wasn't the vendors who leaked my name as my solicitor asked them, they immediately told her the name of the guy, I'll talk to my solicitor in the morning but won't rush into contacting the guards, someone brazen enough to come to my home is unlikely to be perturbed by a call from the guards, i wasn't threatened in any way

Altogether bizarre development
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Really sorry to hear this, personally I'd at least let the guards know what's happening. It might go away and you can get on with your life. Nobody deserves to be intimidated like this.
 
Paul O Mahoney said:
Really sorry to hear this, personally I'd at least let the guards know what's happening. It might go away and you can get on with your life. Nobody deserves to be intimidated like this.
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Paul O Mahoney said:
Really sorry to hear this, personally I'd at least let the guards know what's happening. It might go away and you can get on with your life. Nobody deserves to be intimidated like this.
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Will wait to see if anything further happens before going to the guards, guy has done nothing illegal as of yet.

Dreadful idiot though
 
I think if something is too good to be true, especially with property, there usually a good (or bad) reason for it.
 
AlbacoreA said:
I think if something is too good to be true, especially with property, there usually a good (or bad) reason for it.
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Might be a lot of truth in that, auction house admitted to having had a lot of correspondence with the pest but denied any suggestion of data leakage, the vendors solicitor was also familiar with the individual, I'd be surprised if this property is back on the market anytime soon but who knows?
 
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