All Forum Posts by: Jonathan Faltot
Jonathan Faltot has started 3 posts and replied 27 times.
Post: Negotiating with a owner/resident after Sheriff sale (house is occupied by owner)

- Posts 27
- Votes 6
Quote from @Ricky A.:
I agree with what @Dominic Mazzarella is saying...you might be getting played, but it still might be worth it to do.
I've never had this situation, so take this for what it's worth, but a couple things to consider:
- Don't agree to the $$$ too easily. At least feign a negotiation. Start low and make him work you up to his number. If you agree to the 5K too easily, he might get greedy and go for more. Hey, you might even save a few dollars.
- I wouldn't hand over any money until he leaves.
- If you need to formalize an agreement, I would have it drafted/reviewed by an attorney. He doesn't have any rights to the property, and you don't want to draft something that inadvertently may be construed as him having some type of property rights.
Totally. thank you. I am going to agree to a number close to his... likely. he is very firm on it. we are drafting a cash for keys document.
i am going to get the title in 4 weeks. do we still need to do a quit claim deed? he has an estranged ex-wife who "doesn't care" about the property and wouldn't likely sign off such a thing. Does the title I receive in April suffice as clear title and able to move forward?
Post: Negotiating with a owner/resident after Sheriff sale (house is occupied by owner)

- Posts 27
- Votes 6
Post: Negotiating with a owner/resident after Sheriff sale (house is occupied by owner)

- Posts 27
- Votes 6
Quote from @Dominic Mazzarella:
Quote from @Jonathan Faltot:
Hi there,
I'm offering cash for keys for the current resident/owner to get out of the house after buying at a sheriff sale. We got it under what we were expected to pay. the owner knows how much i got it for and is asking for us to give him 5k to leave the house. He says he knows the legal process of ejectment and how he can drag this out.
Am I being played or is it wise for me to just do this so i can avoid the headache of legal fees and having my investment money tied up in a property for months? This is our first property we are doing. it's a really good opportunity. if we can get him out of the house...
It sounds like he's leveraging the system to squeeze some money out of you, but at the end of the day, $5K might be the easier and cheaper route compared to months of legal battles and holding costs. If the deal still makes sense with that payout, it might be worth it just to get him out quickly and move on. That said, you could try negotiating down, maybe start lower and see where he lands. Worst case, you go through the formal eviction, but that can be a hassle. If you do pay, make sure you get everything in writing, including a deadline for him to be out.
That being said, you can start the legal process to get the ball rolling and see if he's bluffing. Do you know if he has a job or any income or assets you could go after for non payment? I've personally had this situation with a couple of tenants and I didn't even consider paying them to leave. I did the exact opposite and immediately got really aggressive with them. But this was in a business friendly state and I don't know the laws in PA very well to you. Sorry you're going through this and good luck.
thanks Dom. He is on disability. He seems reasonable to be honest, but he seems to know he can squat there and make this hell for me. the payout makes sense and even with the 5k given to him it would be under what our max bid would have been for the house. so mathematically it works out. the principle of the matter and price may not be worth the hassle as you are saying
Post: Negotiating with a owner/resident after Sheriff sale (house is occupied by owner)

- Posts 27
- Votes 6
Hi there,
I'm offering cash for keys for the current resident/owner to get out of the house after buying at a sheriff sale. We got it under what we were expected to pay. the owner knows how much i got it for and is asking for us to give him 5k to leave the house. He says he knows the legal process of ejectment and how he can drag this out.
Am I being played or is it wise for me to just do this so i can avoid the headache of legal fees and having my investment money tied up in a property for months? This is our first property we are doing. it's a really good opportunity. if we can get him out of the house...
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
Quote from @Chris Seveney:
@Jonathan Faltot
So what was the outcome of the trial?
I didn’t understand if there was an outcome ?
Hey Chris, thanks for asking. The trial is over what we are owed. A handful of us testified. We won't know until next Thursday - we have one more person to testify. It seems the judge is leaning towards their side, which is unfortunate. I think that just means the compensation amount will be more favorable to opposing counsel.
House is appraised at 125k
Purchased at tax sale for 27k was appraised for similar value then.
Hoping for a split of some kind, but I think they may be getting their abandoned property back all spruced up for next to nothing.
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
Quote from @John Underwood:
Quote from @Jonathan Faltot:
Quote from @John Underwood:
Countersue for your sweat equity or appeal the court ruling.
You won't know if you don't try.
I you countersue for say 10k in sweat equity they may just drop their suit.
Talk to an attorney.
ok will do. i'll chat with my attorney.
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
Quote from @John Underwood:
Countersue for your sweat equity or appeal the court ruling.
would that work?
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
We had our trial yesterday. Their argument is we received notice from our title search in March 2022 there was a cloud on the title. We begun work before then on October 2021 (time of sales agreement) and they are willing to stipulate to we can be reimbursed for those 5ish months.
We continued to work from my father in laws guidance, stating we did this in good faith know he never had an issue with this before and the fact we were expecting our first trial. He testified to this also. That is a clause we are leaning on, understanding the previous owners left the property in a state of abandonment for over ten years and the tax claim bureau doing their job actually. Again the issue was the sale was set aside because the owners did not receive proper notice.
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
Quote from @John Underwood:
So the county would have to void the sale and give you your money back.
Make the people an offer to keep it. Start low and see what happens.
We have tried to settle but they are rejecting it. So we are working on that - their settlement number is pretty outrageous.
Jonathan
Post: PA tax lien sale voided, what am I owed

- Posts 27
- Votes 6
Quote from @Chris K.:
If the tax claim bureau failed to notify the original owner, that tax sale is void as a matter of law. Pennsylvania tax sales are brutal to the buyer for constitutional reasons.
Your attorney is correct that you can receive some compensation. It is typically things like taxes and other fees they would've paid as the owner. And then they would owe you the value of improvements you made to the house. The question becomes how you will prove the value. Hopefully you have good documentation on the condition of the property before you made all the improvements.
Disclaimer: While I’m a licensed attorney, I am not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.
Thanks for the feedback. We have more documentation on the work we have done, nearly every receipt from contractors, and we are bringing contractors and neighbors in to be witnesses. The property was vacant for 10 years. It had no organs (furnace, AC, electric). So these bigger budget items we can prove pretty easily. I think the angle they will go with is the contrast between repairs, and improvements (which I'm trying to figure this out and I guess they are different?). My attorney is helping us prep for these kind of questions.
Jonathan