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Updated over 10 years ago,
Buying Deed of Trust from a Bank - Best Practices?
I would like to buy a Deed of Trust from a bank. Due to the way things have played out in a foreclosure I observed, the bank no longer has the statutory right to redeem their interest in the property at question (period for subsequent redemptions has passed). The redemption period is 1 year. The lien priority on this one looks like this:
Lien A (foreclosing party)
Lien B (second in priority, third in time)
Lien C (third in priority, second in time)
C signed a subordination agreement with B at the time of B's DOT, so B is third in time but second in priority. I think that B forgot this.
I want to do the following:
1) Buy the original owner's (debtor's) interest - purchase quit claim deed for nominal amount
2) Negotiate with Bank B to purchase their DOT. Bank's period for redemption has expired, so I'm hoping that they will sell it to me for cheap, plus they might not know they have priority over C which means they will sell it for nothing.
3) Redeem the property as the owner. I will have to pay A and C's lien amounts, but I will own B's for a nominal amount.
Anyone have any thoughts on strategy for approaching Bank B? How do I bring up purchasing their interest while not bringing up that they may have higher priority than they think? Any best practices for buying individual DOT's from banks?