All Forum Posts by: Ivan Vargas

I spoke to 2 attorneys, one that I use from time to time and the one who represents the HOA and executed the foreclosure action. Both say the same thing: there is nothing wrong with my title, the defendant was properly served by publication, and this is normal practice when the owner/defendant abandoned the property and cannot be located. Further, this is a business decision made by a conservative title company to not insure this title because they find it risky and they have a lower risk tolerance. Bottom line is use another title company.

@Ray Slack 1: Yes, HOA. 2: Yes. 3: 2.5% of ARV, purchase price/winning bid was 10% of ARV. 4: Yes it is in foreclosure, I am refinancing to pay it off. 5: No.

Quiet Title will not work and will leave me in the same exact position because again the previous owner will not get served except by publication. Same goes for re-foreclosure. Only QCD will put me in a better position but I'd have to locate the owner for that and I dob't know how that conversation will go if I did find them. Only option is another title company who will insure the title and close on this refi to get that mtg satisfied.

@Kerry Baird here you don't get title until the 10 day redemption period has passed and with the backlog it takes 15-20 days. They really shouldn't have taken possession much less started the rehab until after that time has passed. In my case its been nearly 6 months, and I doubt the previous owner is coming back to claim anything but if the title is clouded I can't sell or refi.

@Roman M. that is a true horror story and exactly what I need to avoid/prevent from happening. I am having an issue with a specific property, which the closing agent informed me exactly what you just described. However this post is more general because this is so common that after reviewing all of my foreclosures I noticed I have another with the same situation. Both HOA foreclosures, both abandoned, both mortgage foreclosures coming look the same (service returned, not served-notice of action, publication). I have seen an hoa attorney cut corners where the defendant filed an objection and my attorney told me to accept my money back and walk away. But in this case the attorney is a regular on the plaintiff's side at the auctions so he definitely knows what he is doing, and the bank's attorneys are doing the same exact thing so clearly this is common practice.

How can we fix this issue? There has to be a way. How about a quiet title action or QTA? Will a QT eliminate the previous owner's claim if they are again not served in the action? Or will I still be in the same situation where they can still come back and say they weren't served. 

Of the thousands of foreclosures happening every year in every county, what percentage of them is the defendant not properly served? Will that cloud the title after the foreclosure sale? Can the previous owner still claim an interest if they were never served?

Whether its a bank foreclosure, hoa foreclosure, condo association lien or any other foreclosure action. Not only in Palm Beach County, Broward County, Miami-Dade County or any other county within the state of Florida but also any county of any state whatever they call it, judicial or non judicial, a foreclosure.

Here in Palm Beach I see it all the time: Summons Issued-Service Returned, Not Served-Affidavit of Diligent Search-Notice of Action-Publication-Proof of Publication-Default-Final Judgement-Foreclosure Sale-Certificate of Sale-Certificate of Title... Done. You get title and then take possession. 

If the Plaintiff published the notice as required by law, and the case was allowed to move forward, the foreclosure was completed, the sale took place and no objections were filed, you got your CT... Aside from any liens that survive an HOA foreclosure, can there still be a "cloud on title"? Specifically, can the previous owner still claim that they were never served, and contest the foreclosure sale? What will a closing/title agent say? Can you get a title policy?

The hottest trend IMO is what you want to stay away from. So much competition in Palm Beach right now they're only ruining the market for each other by driving prices up to the point where there's not enough profit left in the deal. I don't know how they make money with the numbers I see sometimes but hey maybe they know something I don't. The hottest trend right now is offering <$25k over asking price on the REO listings.

Get creative and learn something different from the rest. That's how you find a deal and make money. While everyone else is busy competing over the obvious deal in the most sought after area they tend to overlook the hidden gem in the hood.

The "Cancer Cluster"! Test results shut that story down years ago. I personally wouldn't live there but that's because I don't like dirt roads and well water. The Acreage is hot right now... Those lots are selling for more and more and asking prices are only going up. Jupiter Farms is half million and up, even the lots are over $100k. For someone just starting out vacant land or ground up is probably not a good idea. I'd stay away from membership required and 55+ communities also. 

I posted 12 hour notice with my number and the guy called me within 3 hours and told me the place would be cleared out by Monday. Awesome! He left voluntarily within just a few days and didn't break anything on the way out. I think those surplus funds are looking really pretty to him right now. 

Place is absolutely disgusting tho, I can't understand how people can live under these conditions. I should start before and after threads of the really nasty ones. On a good note, the fridge works lol.

@Account Closed thanks for the advice. I'll post 48 hour notice with my number to call me and wait until Monday morning. I'll also put tape over the existing lock and on the door to see if its removed and opened. If no call by Monday and tape is intact I'll go in. If tape is tampered with then I may still go in but won't change the lock. Having my lawyer file motion for Writ of Possession asap either way.

Thanks @Doron Nissim, You're absolutely right we're definitely not getting steals (unless Avi Stern calls in sick that day), but on Mondays when there's 50+ properties on the list you might get lucky. It's much riskier but usually better than buying REO which turn into auctions anyway out here.

The mailbox is definitely the first place to check but I couldn't get the key from the HOA yesterday, I'm hoping today they get me all set up. The case shows returned mail from the owner quite a few times starting in March 2016 so that might be a sign that USPS isn't delivering to that address anymore.

Hey @Wayne Brooks, I guess I'll drive up there everyday until Monday to check if my note is removed from the door or if I see any activity. Property manager was ecstatic to finally get that guy out and mentioned the neighbors are going to love me so it seems this guy was a real pain. I looked through a few cases and saw 30 days go by before writ was issued on some.

@Rick H. that's exactly what I wanted to hear and am afraid of. This guy likes to play lawyer filing motions and appeals pro-se which leads me to believe he knows the laws and will probably file suit if I give him the opportunity. I feel as if he might be planning this and hoping for me to go in. I'll check with power company to see if they cut him off yet, water already has a lien claiming unpaid water bills since 2012 but I'll look for a hose valve and see if there's running water. I definitely don't need a $400k lawsuit for a $200k property.

I got my CT and went by the property, ring the bell and knock on the door no answer. Went back at night and no lights on or AC running. Place looks abandoned like a typical foreclosure. However I spoke to the property manager at the HOA and he says the owner was living there not a tenant but cannot confirm whether he still lives there or not.

My questions are, since there's no one home to offer CFK: 

Can I just go ahead and enter the property and change the locks without Writ of Possession? 

What would happen if I drill the locks and go inside only to find personal belongings and evidence that the owner still lives there and is maybe at work or something? Assuming this is illegal, what would be the consequences even if I thought it was vacant?

Should I first post a little note on the door with my number and wait a day or two? Or should I just go ahead and get the writ of possession even if when I arrive it isn't necessary?

I know he is well aware of the foreclosure because he's been fighting it for years and 3 times filed an emergency motion just days before the sale day forcing them to reschedule, this time he filed the morning of the sale, the judge denied the motion and the sale happened. 10 day redemption period has passed and CT was issued. 

I've personally met @Jeff Green and attended a few of his investor meetings in West Palm Beach. As @Wayne Brooks mentioned there's no pitching of training or mentoring programs just a few service providers introducing their services which we all need and use like HML and insurance. Anyone can and should attend and benefit from these meetings.