Taking Possession (Custody Date)
The Deputy and 3rd party designee meet at the property in question at the agreed date and time. . For the safety of any ORE representative (contractor or other), the Deputy must clear the property before a 3rd party can enter.
If the property is occupied (Known Upon Arrival) , the following applies:
Have tenant sign Occupancy Agreement (OA). The terms (including modifications) of the agreement should be prepared prior to Custody date. This agreement governs the terms by which the current occupant(s) can continue living in/on the property. Pursuant that the OA and prior to an FOF, the DOJ has a general rule that allows occupants to remain on the property until final disposition. It is up to the occupant to continue to preserve and protect the property. The occupant does not sign the QA, they must vacate. See |DOJ Policy 9-115-203|.
Report
If the property is occupied (Unknown Upon Arrival) , the following applies given that the seizing agency is responsible determining if a lease is valid:
We will generally have contractors follow the direction of the USMS, but if the occupants are not determined to be uncooperative, and USMS agrees, we will usually leave the asset and then return as soon as is reasonably possible with an Occupancy Agreement.
USMS may decide to postpone Custody until after the asset is vacated. In those instances, the Custody date is to be removed from TRACK. Custody is to be rescheduled at the USMS direction.
If not occupied, the following applies:
Secure: Re-key and add Lockbox
Mitigate Hazards: this a critical Custody goal, but may need multiple visits
Preserve & Protect: this a goal and may need multiple visits
Report
After custody has been taken, the contractor that was at Custody will send their report and photos to the national vendor. The national vendor will review the data, compile a file based on the contractor’s submission and then create a summary report for Colliers. They will then upload this report within their own system for Colliers to access. Colliers will use this report as the basis of the Custody Stabilization Report.
** Reminder: The actual physical date of custody must be accurately reflected in TRACK. **