Short Sales turned Foreclosure and then taken off the market

12 Replies

My husband and I found the perfect house and put an offer on it about a month ago. It's a short sale and we offered pretty much what they were asking for it and then started the waiting game.

I got a call a few days ago from my realtor saying that within the past couple days they had the sheriff's sale on it, the bank went into the house, saw that it was no longer occupied by the people anymore, declared it abandoned and it immediately went into foreclosure basically killing any chance of me buying the house.

My realtor says it might be a long time until they put it back on the market and who knows what will happen to it. What I'm curious about is the fact that I was offering what they wanted. I suspect the bank went into the house, saw it was super nice and worth more, gave it some reason to be pulled into foreclosure so they could get more money from it. Does that ever happen?

I saw what the other people had left to pay on it on zillow and thats about 14,000 over what they were asking in the short sale. Would it not be possible for me to go to the bank and offer them that to get the house? It just seems like there has to be some way around things instead of just letting the house sit there for a year while the bank twiddles their thumbs.

This is my first time buying a house and I'm having a hard time just letting go of this place because it's literally perfect for us. There just seems like there has to be some way or loophole to making it work that we are not aware of.

Any help is greatly appreciated!

The borrowers owe more than the balance you are seeing on zillow. They owe a ton of fees and penalties and the costs of the foreclosures. Was your agent working the short sale, or was there a listing agent? You need to know the total amount owed to the lender.

Does Michigan have a redemption period after foreclosure? If so, perhaps you could find the owner and make a deal to redeem it and buy it from them for what is owed to the lender. There may be other liens though, so that's why foreclosure is sometimes a good thing in that it wipes liens off title.

I guess the redemption period is 6 months in michigan but from what we knew, it had not yet started? However It seems like there may have been some mixup there.

They ran a title search and also said there wasn't a sheriff's sale on file anywhere so we were good since we had the redemption period time then all of the sudden, there wasn't any time and it was all over with.

There was another agent who had the listing on the house, but that agent was also part of the same real estate company.

There are varying opinions on if I can go straight to the bank and be like, hey, I wanted to buy this house and make that work out. Others say the bank wouldn't allow that and the only chance at that house is to wait until the bank lists it again. I'm just not sure what to think.

Hi @Holly Gauper , Welcome to BP!

@Account Closed is correct, after sheriff sale there is a 6 month redemption period in Michigan. If the bank found the property to be abandoned, and filed an Affidavit of Abandonment, then the redemption period can be reduced to 30 days. The notice should be taped to the front door. On the notice, find the note holder's contact information, this will give you someone you can call to find out the status of the property.

Good luck!

@Holly Gauper

You seem a bit confused as to whether the house has actually gone to a sheriff's/foreclosure auction yet. That is step one. The listing agent should know Exactly where they are/were in the process. Some banks will stop short sale processing within a certain number of days of an auction date, some will not. If it's already been to the sale, either the bank took it back, or it was sold to a third party. If the bank took it back, you'll have to wait til it gets listed as an REO. You may see the REO real estate agent's name posted somewhere on the doors/windows, prior to it being listed.

Short sales are little misleading. They offer a purchase price which is really enticing and draws you in. It doesn't matter what you offer, you can offer 10k above the asking price with no other offers out there... its up to the bank if they want to accept your offer. If the house is worth significantly more than your offer, to the point that it is worth their time to deal with it as an REO, they aren't going to accept.

I'm pretty sure you have zero chance of buying the property directly from the lender until they list it. How's that for positive thinking? Unless, maybe, the lender was a private lender.

According to @Geof Greeneisen above, the redemption period starts after the sheriff's sale, not after the foreclosure court case. So the redemption period didn't start until the sheriff's sale a few days ago. You'll want to get on it right away, especially if the lender found the property abandoned and the abandonment accelerates this process from 6 months to only 30 days.

Thats sorta what I wanted to know, if there was hope of buying it directly from the bank or not.

So I guess it depends on if the dates are correct on zillow or not. And yes, I am confusing as to when things happened because of zillow so who knows how reliable that is.

With that aside, my realtor called me on Friday night and said the sheriffs sale happened this past week and it went into foreclosure on Friday. If that is true, then maybe the 30 day thing is still a chance, although a very small one. I'll email the realtor tonight and see what she can dig up about that.

But essentially, the most likely scenario is I watch and wait until this house gets placed back on the market as a foreclosure and jump on it as soon as I see it if I have not found a better place before then...

Originally posted by @Geof Greeneisen :
Hi @Holly Gauper, Welcome to BP!

@Account Closed is correct, after sheriff sale there is a 6 month redemption period in Michigan. If the bank found the property to be abandoned, and filed an Affidavit of Abandonment, then the redemption period can be reduced to 30 days. The notice should be taped to the front door. On the notice, find the note holder's contact information, this will give you someone you can call to find out the status of the property.

Good luck!

We drove down to the house and there was a sign on the door stating 30 days. It says 30 days from the foreclosure sale and also said that was in fact on February 7th, so zillow was right on that. However, when we went to see the house of February 16th, there was no sign on the door and it was still listed for sale.

The timing of everything is probably what has me so confusing. I put in an offer for the house as a short sale on February 16th yet apparently the bank took ownership of the house on the 14th as a foreclosure.

It also said that on January 13th the notice was sent by certified mail to the last known address of the homeowners. So that leads me to assume the bank knew it was abandoned back in January.

I did get a number though - apparently "ORLANS Associals P.C" out of Troy Michigan is who sent it so I'll contact them tomorrow. What a mystery this all is.


Make sure you have the case number when calling Orlans tomorrow morning. It sounds as though there were two postings on the door. One would have been the notice of foreclosure (sometimes these get ripped off). The mortgagee must post on the property and 3 times, once per week online or in newspaper, prior to foreclosing on the note at sheriff sale. Once the property goes to sheriff sale, in this case Mar. 21, the redemption period begins. I just checked Orlans website and it looks like they have another one going this coming Friday in Twin Lake on West Lake Rd. with an opening bid of $11,600.

Since the property was deemed abandoned, the mortgagee had to file an Affidavit of Abandonment. That too should have been posted on the property. Once posted the redemption period is 30 days from the date of posting on the property, which in most cases is the same day as the sheriff sale. You can get a copy of the notice at your County Clerks office, just give them the address and date of sale.

Either way, your only chance to strike a deal prior to the mortgagee listing the property in a couple months with an agent is to try to purchase through the receiver, in this case; Orlans. They will provide you the opening bid amount and if it is an amount that you are agreeable to, they may work with you.

Yeah there were two papers on the door. I took photos of them both so I have all the info. However, it said on the paper that the sale was taking place on Februray 7th which if thats the case the 30 days would be over with now.

My realtor said they did a title search and as of March 5 there was no record of a sheriff sale. So that adds to the mystery.

But this is super helpful Geof, Thank you! Even if I can't make something work, I just want to at least feel like I made every effort I could.

Just talked to someone at the Orlans place which is who left the notices on the door. She confirmed that it was foreclosed on February 7th and that they no longer represent fifth third which is the bank that has the house now.

So I find it so weird that we saw the house and put an offer in on it on February 16th as a short sale even though it was foreclosed on the 7th. This all just seems really wonky. So if there was 30 days, it's over with now. :(

I guess I'll try to see if I can find realtors who have fifth third foreclosures in this area and see if I can get any info on how the process works with fifth third. ..

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