Question about a deal

Question about a deal

Rental Property Investor · Las Vegas, NV · Member since 2019 · 24 posts · 4 votes

So I have a friend of mine who is a lawyer and represents a client who wants to sell a home that he bought at an auction years ago. Here’s the details:

He bought the home at an HOA foreclosure auction, and the laws in Las Vegas back before 2015 said that if the HOA foreclosed on a home, then the deed of trust basically became null and void. So if the previous homeowner owed money on a house to a bank, that payment did not need to be made to the bank. Because of how obviously ridiculous this sounds, Nevada changed their laws in 2015 to make sure the bank got paid. However, the bank is still trying to get their money.

The court has officially ruled on this house that the bank can not collect on the old loan. However, they are appealing, and now the homeowner is trying to sell his home. If he sells the home to me, the bank can not collect from me because I am now a bona Fide purchaser, and the argument is that I bought the home based on an official court ruling, so even if the bank wins the appeal, I should still be in the clear because I bought a home on the assumption the first official court ruling.

He is selling the home for $200K, and it’s worth $315K. There’s currently someone renting it for $1450/month through February. Seller wants an all cash offer, so I was thinking of wholesaling it to another investor.

Is this a legit deal or is this something I should stay away from?

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
7y

@Tom Gimer might be able to enlighten us here.

I think this ultimately comes down to whether a title insurance carrier will issue a policy on the property. I would absolutely not buy here without owners title insurance.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y

    @Tom Gimer might be able to enlighten us here.

    I think this ultimately comes down to whether a title insurance carrier will issue a policy on the property. I would absolutely not buy here without owners title insurance.

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    7y

    A couple issues to consider:

    1. A buyer who pays $0.63 on the dollar may not be a bona fide purchaser for value. There is also a “without notice” element of that doctrine which sounds like it is being ignored.

    2. You typically cannot rely upon a court decision until it is final... meaning the time for all appeals has expired or the appeal has been filed and denied, etc.

    IMO nobody will insure title with the ongoing litigation. Pull title and there is likely a lis pendens filed which basically tells the world beware, this property is the subject of a lawsuit. As this is a public record, buyers cannot claim they were unaware of the issue.

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  • Rental Property Investor · Las Vegas, NV · Member since 2019 · 24 posts · 4 votes
    7y

    @Tom Gimer, from my understanding, the court decision is final, but the bank is appealing that decision. Is that same thing as you’re saying? And if I can ensure I am a bona fide purchaser, then the coast should be clear?

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    7y

    @Brandon Wulff I am saying that the case isn’t over AND that you do not appear to be a bona fide purchaser for value without notice. In Vegas terms that makes this a $200k parlay.

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  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    7y

    Someone made the same argument before the Supreme Court and lost in April....

    https://www.supremecourt.gov/d...

    My understanding is if the loan was sold to Fannie or Freddie, when they were taken in to receivership by the federal government the state’s super lien law no longer applied. But I’m an far far far from lawyer. Maybe a BP member will look it over in their free time. 

  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    7y
    Originally posted by @Brandon Wulff:

    @Tom Gimer, from my understanding, the court decision is final, but the bank is appealing that decision. Is that same thing as you’re saying? And if I can ensure I am a bona fide purchaser, then the coast should be clear?

    If the bank is appealing there is ongoing litigation. These homes and condos are still all over Vegas . I had a chance to buy 3 condos last year ,same situation ,but when it came down to it no insurable title . The banks will prevail. They already threatened to pull out lending in Nevada if these suits are upheld . High risk tread carefully 

  • Rental Property Investor · Las Vegas, NV · Member since 2019 · 24 posts · 4 votes
    7y

    @Steven Picker thank you. This was my worry also, and I’m very new to real estate... last thing I want is to get caught up in a legal battle with one of my first few houses.

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