Offer accepted on what appears to be a Tax Lien Foreclosure......

Offer accepted on what appears to be a Tax Lien Foreclosure......

Investor · South Jersey · Member since 2015 · 109 posts · 73 votes

Hi BP!

We put an offer in on a cheap house nearby that we were surprised hadn't sold yet, but we just figured maybe it didn't sell because there were no pictures online and it looks pretty bad from the outside. We went through, were happy with what we saw, but decided to offer $10,000 less than asking. Low and behold, it looks like they are accepting our offer, however, this was the response.....

"Seller acquired this property through a tax lien foreclosure Property is vacant but old owner can, if they make an application to the courts, try to redeem property for up to 1 year from when my client took title. Which was on 7-2-19. Therefore when your buyer closes there will be an exception in title that will expire 1 year from above date. Keep in mind that the old owner will have to prove hardship which will be difficult since they have abandoned the house. Please advise that your client understands and they are willing to move forward"

I somewhat understand, but then again I don't. If we were to purchase this house, would it be too much of a risk to begin renovations and place a tenant? Would it be a situation where we would just hold it until next July and then begin renovations? Have you ever been involved in a situation like this? What would you do...assume the risk? Or say ..."nahhh, not worth it."

Any guidance would be greatly appreciated!

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
7y

I would do a title search and try and find old owner and see what the story is. You are taking on some risk and you price should reflect this risk.

This is an opportunity and I would not shy away from it, but do some research on who is loosing the house and why. See if you can get a Quit Claim deed from old owner for a few $$ and you risk goes away.

Offer less money than you already have.

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  • Member since 2018 · 15 posts · 5 votes
    7y

    This is a time when you need to talk with a lawyer in your state.  What price would the previous owner be required to pay, what you paid for the property or the auction price plus interest or penalty?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    The old owner can redeem from You at the price This seller paid at the auction.....would you be happy with that?

    You could try to skip trace the old owner, get a QCD/redemption rights from him Before you close...then you’d have no risk. 

  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    7y

    You probably want a lawyer to assist you in drafting the right documents to protect your risk.

    I have had two redemptions in the past year, so people do redeem.  Not common, but it does happen.

    Typically they have to pay the purchase price from the foreclosure sale, plus some penalty.   

    So let's say the person you're buying from paid $10,000 and there is a 10% redemption penalty....that means the previous owner could repurchase from you at $11,000.  Problem is in this case if you pay $20,000 from the current owner, you're out $9000.   That sounds risky to me.

    Maybe if you really want this house, see if they will lease to you now for the 1st year, with purchase agreement to close when the redemption rights expire.

    The other issue is title insurance.  Many companies won't issue title insurance for 2-4 years after the sale....so you might have to wait even longer than 1 year to close. 

    Is the seller planning to use attorney or title company for closing?   You should insist on it.

  • Investor · South Jersey · Member since 2015 · 109 posts · 73 votes
    7y

    @Bruce Lynn it’s weird because the old owner is a company...

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y

    I would do a title search and try and find old owner and see what the story is. You are taking on some risk and you price should reflect this risk.

    This is an opportunity and I would not shy away from it, but do some research on who is loosing the house and why. See if you can get a Quit Claim deed from old owner for a few $$ and you risk goes away.

    Offer less money than you already have.

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