Hi all - Not sure this is the right forum to post this in or not, but I thought I'd start here.
So for history, I have purchased 3 properties at the county foreclosure auction, so I'm not super experienced, but not brand new either. I do all my own due diligence on liens, etc so if there is a case that is too complex looking to me, I walk away from it.
At any rate, I purchased my last one on 7/7/14, and have yet get title to it. I received the certificate of sale from the county, but for the title, the county has this note on the case:
Case Progress Notes NEED CERT OF TITLE WITH LEGAL THAT MATCHES PARAGRAPH 17 IN FINAL JUDGMENT
I spoke to the clerks office, and was informed the plaintiffs attorney needs to filed the corrected title. I just realized it had not been filed this week (bad on me, that note was filed 7/23!), but in the meanwhile had started working on the place after the initial 2 week period, thinking the county was just slow.
I have a voicemail and email into the plantiffs attorney. Anyone deal with anything like this before? Do they have an obligation to file the corrected title, or do I need to push BoA (gasp) to have the attorney do it? Or am I going to be stuck hiring an attorney myself?
I just found this all out, so am a bit rattled, maybe it will be easilyresolved, but feeling a bit stressed by it at the moment.
Thanks for any suggestions, insight, or other experiences you may have. Oh, I'm in Pasco county, FL.
This is why I have an attorney represent the buyer's (my company) interest when purchasing NC foreclosures (trustee sales.) These items are taken care of quickly because that's the attorney's job. Basically the company attorney (who BTW is a former trustee sale expert) interfaces with the trustee to ensure things move smoothly. They also provide extra eyes on the case file and alert me to items I may not catch (improper notifications, etc.) since they do 1000x as many reviews as me (and although I have some training, they are licensed to do so.)
A foreclosure, after all, is part of a civil suit. From what you have posted, I wouldn't be too worried, but I am not familiar with FL foreclosure laws. It sounds like a legal description issue that probably is not a material issue. Again, I am not an expert. But I've seen some wild stuff in the 15 or so trustee purchases my company's done. Hence we employ the legal assist....
Calling and emailing from you doesn't get them moving like a call from an attorney representing you in the closing of the transaction. So maybe next time, consider how much your current distress is worth and hire legal representation to eliminate the stress. Find an attorney with past trustee experience, though, because not all attorneys are appropriate for your cases. My experience tells me that your tolerance for the unknown will indicate if you hire legal help.
My commentary is not to be construed as legal advice.
Thanks, so can you explain more about your process? When do you hire a attorney, before you bid? After you win? I can't do it before due to cost as I bid on dozens, with only a few wins. You mention trustee sales, is that the same as courthouse foreclosure auctions? I'm curious of your methods, and what you get from it. I'm not sure I see the value in hiring them after - unless I have an issue like now, but I've also only been through this 3 times (really 4 once this is done, haha) so may be in for many more surprises. If I don't have contact from the plaintiff atty by Wednesday I plan to seek my own atty.
I have really strong tolerance for the unknown and DIY, so I'm not really that stressed, was just more annoyed \ irritated at it. I am pretty confident in my search of the property liens, and i have the certificate of sale. I am pretty sure they just mixed something up, wish they showed it online so I could know what happened. Maybe they filed the wrong legal altogether, who knows.... My biggest annoyance is that i wanted to rent it 9/1, but don't feel comfortable doing that now without title in my name.... ah well
Just to close the loop for any future readers - I talked to the attorney, and they were quite helpful. Corrected the legal description, and refiled it, no push back or charges. I have the deed now, whew.
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