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  • 1.  Foreclosure/Auction - Tenant Incarcerated

    Posted 11-02-2023 09:58 AM

    We have a tenant who is extremely delinquent (storing vehicles).  Our notice of claim & has been returned with no forwarding address.  Calls & emails all go unanswered.  The last time he made a payment towards his balance he mentioned he just got out of jail.  If he is back in jail what can we do legally to move forward with the auction process?  



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    Kristen DeGraffenried
    The DeGraffenried Corporation
    Kingwood TX
    512-299-0920
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  • 2.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-04-2023 02:55 PM

    Well shame on you for not foreclosing and holding an auction sooner.

    We follow the letter of the TSSA Agreement.

    We provide notifications per the law.

    We do not allow any variance.

    The fact is the storage unit is your product and not paying for it is no different than theft of anything be it walking into Home Depot and stealing a saw or not paying for your storage unit.  This is theft.

     

    If you did not pay property tax the county would foreclose.

    If you did not pay your utility bill, the utility would shut off until payment was achieved.

     

    In this case, your agreement allows you to overlock, notify, advertise then auction and the fact that you did not and the result is you post that the tenant is extremely delinquent is your own fault.

     

    So fix this by taking action.

    Prevent this by following your agreement in the future.

    Don't allow people to steal from you.

     

     

     

     

    David Fisher

    Fisher Global Development

    Group of Companies

    Care to schedule a call?

    (281) 391-2510 o.| (281) 794-2361 c.

    david@fishergloballlc.com

    www.fishergloballlc.com

    15500 Voss Road, Suite 204, Sugar Land, Texas 77498

                       United States Air Force Veteran                                                     Veteran Owned Company                    

     




    Original Message


  • 3.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-04-2023 04:35 PM

    Hi Kristen,

    While I don't agree with David's method here, as it comes off as shaming and condescending, I do agree with the message. Our TSSA lease gives the guidelines on what to do when someone isn't paying their rent. It says to send notices but it doesn't say they must be received or responded to. It also doesn't give us the burden of figuring out if someone is in jail, sick, or deceased. If you follow the Chapter 59 Foreclosure list in the Goldbook, you will be within your rights. Vehicle auctions are not fun and there is a fair amount of paperwork but once I did a few, it wasn't near as overwhelming. I do all my auctions online now and it's super easy!! I'm happy to talk more details on any of this offline if you would like. My email is info@allstar-richmond.com and my cell is 832-549-3499

    Please do not let David's gruff response stop you from asking more questions on this forum...that is what we are here for...to ask our questions and learn from each other.     



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    JoLea Conn
    OnSite Manager
    ALL*STAR STORAGE
    Richmond TX
    (281) 341-7867
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    Original Message


  • 4.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-04-2023 08:31 PM
    My apologies.  Just calling it as it is.  I feel that tenants should be true to the contracts they sign.
    I feel the facility must also be true to that contract.
    I know people have life situations but realistically if a owner or manager yielded to every story, every person who put the storage facility low on the priority list because of the managers soft heart or inability to enforce the contract, when they get in trouble paying the mortgage, see how well that excuse works when you tell your lender you can't pay your bills because you are a poor operator!
    Tenants will prey on a weak facility.
    Tenants will tell each other what "excuses" work.
    Tenants know what they can and can't get away with.
    The bottom line is an agreement is an agreement .
    A contract is a contract .
    I had a guy tell me he wanted out of the 10 day notice because why would he have taken his important time to actually read a storage agreement.  After all it is just storage.
    I said (politely) that if he felt it was ok to not read a legal document, that was not an excuse for not being held to the contents of the contract!

    The result:  He paid the month.  And he now has 30 days to move out!

    David Fisher
    281-794-2361 (direct)



    Original Message


  • 5.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-06-2023 07:12 AM

    I'm with JoLea!  John McAfee 214-923-0070



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    John McAfee
    The Storage Place - DFW, Frisco
    Frisco TX
    (214) 923-0070
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    Original Message


  • 6.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-07-2023 10:09 AM

    Did they happen to sign the vehicle lease after Sept. 2022 with the new towing law? If so you can have the vehicle towed and not go through all the red tape of foreclosing. Once the towing law we got every vehicle tenant to sign a new lease. It has helped so much!



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    Terri Wood
    Executive Assistant
    Ideal Self Storage
    Waco TX
    (254) 301-4071
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    Original Message


  • 7.  RE: Foreclosure/Auction - Tenant Incarcerated

    Posted 11-07-2023 09:28 PM
    Hopefully you have the newer vehicle lease.  If not, grit your teeth and go through the auction process for one of the last times.

    David Fisher
    281-794-2361 (direct)



    Original Message