Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Foreclosures
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago, 09/03/2022

User Stats

34
Posts
4
Votes
Maximiliano Rodriguez
  • El Paso, TX
4
Votes |
34
Posts

Owner - Finance Home did not pay the bank

Maximiliano Rodriguez
  • El Paso, TX
Posted

Case: Bank is foreclosing on property “Normandy”, the property is under “Teresa” owns the loan with the bank. At Normandy lives “Maria” who claims be the owner of the house and who has been paying the house for the last 4 years with no delays to “Teresa” – Owner Finance.

What are options for “Maria” and what documentation should have to prove ownership and save the house?

User Stats

488
Posts
186
Votes
Bob Reinhard
Lender
  • Lender
  • Patterson, NY
186
Votes |
488
Posts
Bob Reinhard
Lender
  • Lender
  • Patterson, NY
Replied
Please pardon my confusion but ... the only way to save the house from foreclosure is to pay the lender that is foreclosing.

User Stats

1,032
Posts
783
Votes
Sergey A. Petrov
  • Real Estate Consultant
  • Seattle, WA
783
Votes |
1,032
Posts
Sergey A. Petrov
  • Real Estate Consultant
  • Seattle, WA
Replied

It sounds like Maria has been paying Teresa with the expectation that Teresa would pay the Bank. The Bank says Normandy is delinquent. Normandy needs to make the Bank whole (they don’t care if Maria or Teresa or John or next door neighbor sends the money) and Maria and Teresa have some tough conversations with each other in the immediate future.

1-800 Accountant logo
1-800 Accountant
|
Sponsored
Unlock Year-End Real Estate Tax Savings: Buy your accounting services now and deduct them on your 2024 taxes. Flat rate, never hourly.

User Stats

14,335
Posts
11,019
Votes
Theresa Harris
Pro Member
#2 General Landlording & Rental Properties Contributor
11,019
Votes |
14,335
Posts
Theresa Harris
Pro Member
#2 General Landlording & Rental Properties Contributor
Replied

What did the contract say when she agree to buy it through owner financing?  Maria can sue Teresa, Maria can talk to the bank and offer to buy it for the balance remaining on the mortgage (may work out to a better deal if the mortgage is older and has been paid down over the years).

  • Theresa Harris
  • User Stats

    599
    Posts
    508
    Votes
    Brad S.
    • Real Estate Broker
    • Pasadena, CA
    508
    Votes |
    599
    Posts
    Brad S.
    • Real Estate Broker
    • Pasadena, CA
    Replied

    Hey, there you go, you got a "real" @Theresa Harris to answer!  :P

    And, I agree with her answer!

    User Stats

    17,108
    Posts
    14,642
    Votes
    Chris Seveney
    Lender
    Pro Member
    • Investor
    • Virginia
    14,642
    Votes |
    17,108
    Posts
    Chris Seveney
    Lender
    Pro Member
    • Investor
    • Virginia
    ModeratorReplied

    @Maximiliano Rodriguez

    Maria should get an attorney first and foremost. What type of agreement is Maria on?

    Is it a contract for deed?

    What does Maria’s contract state ?

    If it was me, out of spite I would file civil and criminal charges against the lender for fraud.

    Maria cannot talk to the bank because the bank won’t talk to her because she is not on the loan, thus the only recourse is to get an attorney and file legal

    • Chris Seveney
    business profile image
    7e investments
    5.0 stars
    15 Reviews