I bought a house at an Hoa forclosure auction and didn't realize the bank has already started forclosure proceedings

19 Replies

I bought a house at an Hoa forclosure auction in Duval county and didn't realize the bank has already started forclosure proceedings for the unpaid mortgage. I just purchased this home last Thursday for 10k and I really don't want to loose all of my money I want to know has anyone done an order to vacate sale before and received their money back from the judge and if so how? Thanks

Two words

Due Diligence

That's going to be a hard pill to swallow.  I don't think they will reverse the sale.  They pretty well cover themselves with the disclaimers.

Were you going to try and rent it before the bank finally foreclosed on it?

Yes my plan was to rent it out yea your right I just didn't do enough Due Diligence 😫 smh I need to stick to buying foreclosures from the bank only 

Nope.  The question is how far along is the bank foreclosure, and how long do they typically take there, uncontested?  You could only get the sale vacated if there was a legal error in the process, not likely, and I don't think as the buyer you'd have standing in the that proceeding anyway.

The bank started the Forclosure proceedings February of this year so I'm thinking within 3-6 months it's going to go up up for sale again but this time the Plaintiff will be the mortgage company and not the HOA

@Theron Collins

I know an attorney in town who could help you out.  He could e able to fight the foreclosure for you.  You can PM me if you wish.  He's very reasonably priced.

@David W. please send over info not sure how to PM I'm new to this. My email is [REMOVED] Thanks a lot

Hi Theron,

You can PM by clicking on the little chat icon next to the search box at the top of the page and then selecting a colleague. If the person you want to chat with isn't already colleague, just send them a request first.

Good luck with your deal!

Giovanna

Theron Collins when you bought this at the auction, did you check the doc numbers to make sure you were not bidding on the second mortgage? It doesn't make sense to me that you buy it at the auction and the bank is still foreclosing on it unless you purchased the second position? Maybe I'm missing something...

@Christopher Leon

He bought in an HOA foreclosure, which acts just like a second. The first is still in place, and foreclosing. He just didn't see it.

Wayne Brooks I saw auction, I did not see HOA auction. Thanks for clarifying. We don't have those in Illinois - fortunately. Theron Collins chalk it up to lesson learned, experienced gained my man. Sorry for the loss.

Expensive lesson. When you buy an HOA foreclosure you're almost always getting an encumbered property. So, unless you buy it cheaply enough to win the auction AND pay off any senior liens, don't do it.

Talk to the attorney if you wish.  There's no miracle here.  Don't throw good money after bad.  If the amount owed on the first (and all the fees) is too much given what you've paid already and what its worth, just accept you've had an expensive lesson on why you have to be thorough in your due diligence before bidding at an auction.  A title search before bidding would have uncovered this.

Thanks everyone yes definitely an expensive lesson. I did a motion for the court to vacate the sale and to return my money but I'm just waiting on a court date. Plaintiffs attorney called me today to see if we could avoid going to court if they would only take $5300 and return the rest of my money to me through another motion not sure what I should do though. If I got to court and win I will get all my money back but if I lose I will forfit all my $

You will not possibly win. Judges don't care about "I made a mistake, I didn't know", only court procedures.

Sounds like I really need to consider  the offer from plaintiffs attorney then.. I wonder why the Judge just didn't Deny the motion verses setting up a court date 

Theron

Have you tried contacting the bank to see what they would sell you the delinquent mortgage for? If you are going to fight it, it is worth less than they are owed, they would likely sell you their note at discount. If you can't get them to sell it to you at a price that works, take the $5300 and consider the rest an investment in your education. Most investors have had some more expensive ones than that, but I guarantee you will be significantly better at due diligence after this one.

Dylan

The home is in a upscale gated neighborhood and the final judgement is close to 300k so even at a discount I wouldn't be able to come up with all that cash at one time. I've already written it off as a loss in my mind Big Mistake but I gotta keep pushing forward 

take the cash.. they are just offering you cost of defense money no more no less

@Theron Collins

 The judge can't deny the motion, until the hearing.  The judge doesn't set the hearing, clerks do.

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