I am a bit curious about the question if you do a short sale and they don’t move out what are your options…
In any transaction, short or not short, if the sellers have not vacated by the agreed upon date of occupancy for the new owner then yes you go through a standard eviction process, (notice to quit and unlawful detainer)… If they trash the place while you are in the process then you will need to try to sue for damages at a later date.
Again, I would not make this an exception case, short sale or no short sale your question about an uncooperative seller who retains occupancy after title has transferred to your name is independent of the type of sale.
As with any short sales you do not START ESCROW until the bank has received the paperwork and accepted the short sale offer. This will take anywhere from a few weeks to many months. The SELLER LIVES THERE while this occurs. If the bank does approve the sale THEN escrow opens, you send escrow your deposit, and you START your due diligence. When escrow opened your escrow period started. Loosely speaking 30 days after escrow opened it should close assuming everything went to plan including your financing. At the close of escrow after the county records the sale you get the home. The final walk through occurs within 5 days of close of escrow and is used to essentially verify the home is not trashed. Again if it is trashed it becomes complex but not unsolvable. Honestly though, I believe the hard part is getting a deal done and you are putting the cart well ahead of the horse.
