House going through tax foreclosure process

House going through tax foreclosure process

Forrest OwenPro Member
Rental Property Investor · Hudson, NH · Member since 2018 · 19 posts · 6 votes

I have a very interesting, yet complex case on my hands. I was driving by a property and noticed that it was very rundown. When I got home, I pulled out a pen and paper to send them a letter. Eventually a notice came back from USPS saying that the owner was deceased. When I received that notice, I started doing some more research which is when things got complicated...

I found that the man who lived there was an only child and never had any kids. His mother's siblings didn't have any kids, however there are a few cousins on his father's side of the family who are currently living. I don't think that anyone who is even remotely related to him realizes that the property is in tax title or that it could be deemed legally theirs. Regardless, there was a public notice from the legal firm working with the town, so I contacted the firm and the attorney I spoke with said that the family has the right of redemption during the foreclosure process.

I'm really interested in purchasing the house because it would be a fantastic location to live after it's been fixed up. So here is where I'm looking for a little guidance. I have come up with a couple options of what to do:

  1. Let the property go to public auction and try bidding on it. The problem with this is that the property is paid in full with a $20k tax lien, so the cost of the property if it goes to public auction will likely be closer to $300k and make this less of a deal.
  2. Contact the distant relatives to stop the foreclosure process. Take the home through probate and agree on a price (money they wouldn't otherwise have) to sell the home. My hope is that this would be closer to a max of $100-150k after paying off the tax lien and any other expenses.

If anyone has any recommendations of what they would do or any experience that they care to share, that would be very much appreciated.

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  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    7y

    You are right that those are probably your two options.   

    Not sure how you have decided up front of what it will sell for at auction vs what it will sell for privately.

    I think your next step is to figure out auction date, then go to title company and let them tell you who needs to sign your purchase agreement.   Skip trace whoever that is and see if they will sell to you at the price you want...and try to accomplish all that and close before the auction date.

    If you can't make that happen you can always go to the auction.

    You also need to determine if you are in a tax lien or tax deed state.  Sounds like you are in tax deed state, but you want to know what you are bidding on.

    Good luck...sounds like you found a deal.

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    7y

    IT might be easier to buy it at auction.  All the cousins may or may not get along and may or may not agree to sell it below market rate.  I would guess that at least one would want it to be sold on the open market at full price.

    Deaths, relatives, and unearned money up for grabs seems to bring out the most greedy relatives one could imagine....unless you are Steven King!

  • Forrest OwenPro Member
    OP
    Rental Property Investor · Hudson, NH · Member since 2018 · 19 posts · 6 votes
    7y

    @Bruce Lynn Thanks for your response! The numbers that I put in there about the auction vs private sale price were just random guesses. Knowing the area, I wouldn't be surprised if the auction price is right, but I could be totally off with the private-sale number.

    I'm in Massachusetts which is a Redeemable Deed State. So unfortunately, the family could technically still come back up to 5 years later (assuming they even know about the property).

    Either way, the house hasn't been formally foreclosed on, so there isn't an auction date yet. Knowing how inefficient the process is, I wouldn't be surprised if it takes until 2020 for them to get it to auction. The other unfortunate part is that we don't work with title companies directly in MA. It's all done through lawyers. Luckily I have a family friend that is a commercial real estate attorney, so I could probably work with him to figure it out. I did find the names of some relatives from the public announcement, and after a little digging, I found out that they live out of state. Would you recommend reaching out to them and trying to get a deal set up?

  • Forrest OwenPro Member
    OP
    Rental Property Investor · Hudson, NH · Member since 2018 · 19 posts · 6 votes
    7y

    @Lynnette E. that is a great point! I would certainly try to point out the fact that selling it on the market would cut into their profit as they would have expenses surrounding an agent, paying the tax title, etc however it's never guaranteed that people will listen.

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