Negotiating judgements, Homestead, and Hoarder House

Negotiating judgements, Homestead, and Hoarder House

Raleigh, NC · Member since 2017 · 1 post · 0 votes

Hi Everyone -

I may foolishly bid on a foreclosure from hell auction coming up in a week. It would be a BRRRR. This will be my first investment property in a long time.

ARV is $345k to $375k.

My max bid is $120k.

It would rent for $1700/month. Taxes are $480/month.

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It has 8 broken down vehicles in the front yard, junk filled swimming pool, junk in the yards.  Who knows what the inside is like, but I'm figuring 65K in repairs for a 3bd, 1.5ba, 1500 sq ft, with swimming pool.  Exterior is well taken care of.  Roof and foundation look good.   It is on a very nice street in a suburb outside of a major New England city.  It has curb appeal, but it is definitely the worst house in the neighborhood by far because of the trash.   Outside is cosmetic, with added hassle of dealing with DMV to remove vehicles.  Once that is done it will shine up really nice.   I can use my imagination for the inside.  But just maybe it is not that bad.  I can have my realtor look at it on the day of the auction, as I will be in Raleigh NC.

The title is clouded with 8 judgements from 4 creditors in 2011, and a homestead in 2016. 

I carefully checked every recorded document. There are no other issues on the title.

The document 'Title information' on auction.com does not mention the judgements or the homestead.

The mortgage company assigned it to a bad mortgage subsidiary in 2013.

Mortgage was $215k in 2003.

My plan is to have settlement agreements, paid out of escrow, before I try to get this property. 

It is brick 2 story with basement built in 1964.  There has been no permitted remodeling on it.  It looks all original from the outside, but it is in good shape from what I can see.

This is the 2nd foreclosure attempt it in the last 3 months.

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Here are 3 questions if anyone can answer any or all of them I will greatly appreciate it:

1) Has anyone successfully negotiated pennies on the dollar settlement on judgement debt clouding a title PRIOR to bidding on a foreclosure? 

2) What was your pennies on the dollar amount?   I think $.05 on the dollar is what I should offer.  

3) How can I legally approach the homeowner to ask how much does he need to remove his homestead?   What can I do if he is not cooperative or wants a large amount to buy him out?

And if you advise against this then that is OK too!  It may be foolish but there should not be much competition, except for the house rigged bidding.   I think there is an opportunity to buy really low if my foolish scenario can happen.   The auction just may call me back on my lower bid sometime later.   So tell me what you think....

Thank You

Daniel


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  • Developer · Closter, NJ · Member since 2016 · 392 posts · 109 votes
    9y
    Daniel W plummer You might want to make sure that the title is cleared after the auction. In New Jersey, the title is cleared if the filing attorney states the judgements are cleared in the affidavit of consideration. In regards to your questions. Absolutely absolutely absolutely offer lower than the judgement I would offer max 25% of the judgement price. To legally approach the owner would to send a letter to him via the attorney. I highly advice against contacting him personally unless it is a method that would help after opening communication with them Dave
  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    9y

    Who actually owns the property now? Is this in a trustee state? The OP said "This is the 2nd foreclosure attempt it in the last 3 months..." does that mean the winning bidder in the first trustee sale defaulted? You didn't provide the state. State laws regarding power of sale will determine some of your answers. Have you looked at courthouse records? Has a paralegal? You'll have to spend time making sure property notice was given to subordinate lien holders. Getting another set of eyes on it (paralegal or attorney) is what I'd do, e.g. for your state.  Property executed first lien (first position) foreclosures in many instances will . I personally hire attorneys to handle any negotiations involving liens that survive foreclosure. We had this happen at least twice. One was via an improper notice, one was a municipal lien that attached during the power of sale process (was not recorded, but remained enforceable).

    The more I read it, this sounds like an REO. If so, you really need to look at the original sale documents to verify what liens survived.

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