Howard K. Stern may want to start house hunting.
Bahamian attorney Godfrey Pinder has filed a summons, requesting the court to evict Stern from the Horizons house in the Bahamas, Access Hollywood has learned.
Stern had occupied the house with Anna Nicole Smith since August.
According to Pinder, the property belongs to his client G. Ben Thompson, a friend of Anna Nicole who offered his house when she was looking for property in the Bahamas to have her baby and escape the media frenzy.
The request, which was filed on Wednesday, states Stern has been “trespassing on the Plaintiff’s property without his consent” since before February 8, 2007 - the day Anna Nicole died.
Contrary to reports, Stern has not yet been served with an eviction notice.
“I served a summons asking the Magistrate’s court to give us an eviction notice against Howard K. Stern and to have him pay rent and legal costs and damages if there are any damages in the place,” Pinder told Access.
Pinder claims Thompson bought the house and had his lawyers draw up the papers for it in Anna Nicole’s name, because although he was in possession, he wanted to have her purchase the house eventually. However, Pinder claims that after this agreement was made, Smith declined to sign the mortgage or promissory note.
The attorney told Access he went to the property on Wednesday to serve Stern with the notice, but was forced to leave it at the gate when Stern would not come to the door.
“I got a feeling that he was surprised by this particular one. I don’t think he knew that this was coming,” Pinder told Access. “He probably felt that since we were concentrating on the Anna Nicole matter, that we would miss him and we did for a time but after my client and I spoke, Ford Shelly spoke to me about it and said there must be some way we can get Howard out.”
There is no timetable on how long it might take, however Pinder is hopeful for a swift resolution.
“This will be probably a shorter process because the magistrate’s courts do not play. They will ask Howard K. Stern to show cause why he should be in the property or shouldn’t be thrown out and if he can’t show cause by presenting the proper documents they’ll ask him to leave,” Pinder explained.
He also revealed that the welfare of young Dannielynn, who is currently staying with Stern, was taken into consideration.
“We did this only after we found out that the courts directed that Howard K. Stern and the other parties seeking paternity take a DNA test. We know that Howard K. Stern cannot pass that test in any way that would suggest he is the father of that particular child,” Pinder added. “Once that is done, we know that he will no longer have any reason to be in the house because he will not be the child’s father. He is not associated with the child in any way except maybe through the will which we believe is not necessarily a good will and therefore he will have to leave.”
And if Larry Birkhead or Virgie Arthur ends up being awarded custody of Dannielynn, Pinder said they might be allowed to live in the house.
“There may be a provision somewhere between my clients, Larry Birkhead and Mrs. Arthur that Dannielynn can live in the house because my clients are really concerned with the proper welfare and the proper upbringing of the little girl,” Pinder added.
A judge ordered the DNA test earlier this week, with results expected to come in the next few days.
Access Hollywood has reached out to Stern for a comment, but has yet to hear back.