Posted by JT-IN on April 16, 2002 at 11:14:12:
First things first… Missed you at the convention this year…
Secondly… I will need to talk to you concerning some folks whose house that I am trying to buy, (preforeclosure), that are moving back to Chicago… (Park Ridge area), and will undoubtedly need some owner financing. Should be house-hunting about June.
Thirdly… “Two guys heavy into foreclosures”. Was that a personal attack…? LOL I am a bit too heavy, and definitely into foreclosures! LOL
Anyway, to the crux of the matter. Yes, this would be driven by state law, and I leave open the fact that it could work either way, but the way that I understand this in WI is that there is a 14 day period for the owner to redeem his property… so with that in mind, here is what the experienced WI foreclosure investor/expert advised:
“He also suggested I try to get the deed by offering the current “owner” $5000 to help him get a “new start”. At that point I would then pay what the bank just bought the property for($78,000) and may even be responsible for the back taxes.”
I think that there is a tremendous lack of understanding on Brians part here, or his interpretation of such… I do not believe that this would work quite this way. (Caveat: I know little about WI laws).
Getting the deed from the owner would serve no purpose, if you are buying directly from the bank, so I am convinced after re-reading this, that the investors advice is referring to a redemption, and would reinstate all the mtgs, and any liens, as if the sale did not occur. In fact, even post sale in the State of Ohio, where I play ball most, when a redemption occurs, the suit eventually shows as dismissed, and the results of the sale expunged; all mtgs and liens will survive in tact.
The other advice Brian rec’d, was to wait until day 15, then pursue the bank with an informed offer. I am definitely in this camp, since a redemption would equate to overpaying for the property. The only other window of opportunity, (which expired yesterday), was the actual Sheriff Sale on Monday. Any accepted bid here, over and above the bank would have wiped out the mtg, and given clear title; (assuming that the atty did their jobs correctly), for a presumably lower price than the mtg itself. However, we will never know what the bank would have done, if Brian would have bid, following the bank. Strictly theory now…
To your last question… about the defaulting borrower showing up at the foreclosure sale, and buying the property for less. Not a problem, if they have the cash. In fact, I have bid against these idiots, where there was a large federal tax lien (440K), that would have been released, if the IRS did not exercise their recission rights. When I realized who was bidding, I then just bid this sucker up to help good Ole Uncle Sam get some of their money back… Went to 210K, on a house that was worth 210K. There was no doubt that they were buying no matter what the price. The mtgs and taxes equated to about 140K, so teh gov’t got back about 70K of their 440K, that this slimeball stiffed us on… Anyway, way off point here, but the owner can bid on their property, just like anyone else; in fact with passion… and these folks were passionately MAD as hell, at JT that day… LOL
Just the way that I view things…