Yes they might have rights. What rights depends on what type of squatters they are ... hold over tenants are squatters, so are homeless people who wander in, but they have different rights. You need the help of an attorney. Calling the police is fine, whether they will or wont remove the people then ask for a police report in writing. But be prepared that they might not help you. Good Luck,
Ms. Nepton is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Ms. Nepton strongly advises the questioner to confer with an attorney in order to ensure proper advice is received.
Probably not. You do not say what type of foreclosure (mortgage, tax, condo lien, etc.) or why you think they are squatters. If they entered possession lawfully (e.g., they are the former mortgagors), then you must file an eviction lawsuit, obtain a judgment of possession, and have a bailiff remove them pursuant to a lawful court order. Even if they are truly squatters who entered into possession illegally, you must file an eviction to get rid of them, although the court can order an immediate eviction of trespassers IF (and only if) the correct allegations are made in the complaint. You should consult an attorney regarding your rights.
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This is the down-side of purchasing foreclosed property, although you probably paid a very favorable price. They don't have rights to stay in the house, if you are correct that they are squatters. But removing them, without the assistance of an arm of the law, is very risky for you. The only cautious approach is to start an action in the 36th District Court for eviction naming "John and/or Jane Doe, and others", if you do not know their names. I recommend seeking legal counsel for the landlord-tenant action to assure you are doing it right. What you want to avoid is a case of claimed conversion of assets or wrongful eviction. As an example only, you don't want to hear that "their grandmother's antique one-carat diamond ring was in the kitchen drawer" and you are accused of absconding with it!!!!! Damages could be treble in amount, plus attorneys fees and costs. Only a court officer should be moving these squatters out involuntarily. Good luck!
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
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