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Brett Buras
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Be Careful South Florida

Brett Buras
Posted

I'm sharing this so other real estate investors and sellers understand my experience with Proactivo Capital Financial, LLC, Josueth Irigoyen, and his attorney, Juan Perez—who is also the pastor at Thrive Church, Pastor JJ.

We were helping a woman who had just lost her husband to cancer and was days away from losing her condo to mortgage foreclosure. Before we got involved, she had signed a subto contract with Proactivo Capital Financial, LLC and Josueth Irigoyen.

Based on my personal experience, here’s what occurred:

• They missed their original closing date.

• They were granted a second closing date that was just days before the foreclosure auction.

• They missed that one too.

• Despite missing both deadlines, they continued to keep the property tied up, preventing the seller from moving forward with other solutions.

Once their contract expired, we stepped in, paid the foreclosure to save the property, and listed it for sale.

After their contract had expired, Proactivo Capital Financial, LLC and Josueth Irigoyen recorded a Notice of Interest (NOI) against the property, clouding title and blocking the sale. This caused delays for the new buyers—who were staying in temporary housing and urgently needed to close.

To obtain the release needed to close the transaction, they first demanded $15,000, then $10,000, and ultimately settled at $8,000. Although in my opinion

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Hunter Loomis
  • Real Estate Agent
  • Tampa
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Hunter Loomis
  • Real Estate Agent
  • Tampa
Replied
Quote from @Chris Seveney:

This is why people should you escrow and title companies, if the agreement had passed and no extensions, then they could be sued when they tied up the property, sounds like more to the story as why would someone settle if they had no interest or could prove interest?


Absolutely need to use a great title and escrow companies. It's amazing how fast people move once there's money on the table—just not when the seller actually needs them. Filing an NOI after an expired contract doesn't create leverage, it just exposes intentions. Glad we could clean up the mess and get the seller to the finish line.

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