Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. 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 about 10 years ago on . Most recent reply

User Stats

517
Posts
400
Votes
Chris Simmons
  • Real Estate Agent
  • Owasso, OK
400
Votes |
517
Posts

Buying first mortgage and foreclosing others

Chris Simmons
  • Real Estate Agent
  • Owasso, OK
Posted

There is a property I am interested in.  Because of my connections through my job at the bank, I have a representative at the other bank that has the first mortgage on the house that is prepared to sell me the note so I can become the bank.  I also have an agreement with the estate....the original owner passed away.....and I have an agreed upon price in which the estate will sell me their interest in the property.

So....through the estate, there is an unsecured creditor that appears to have filed a lien on the property, there are two small HOA liens and 1 city of Tulsa lien. That is all that I can see so far without pulling the full abstract which I am willing to do based on input from others based on the following question.

I want this property for buy and hold but obviously need to be able to sell it at some point in the future...or refinance it.  Assuming I am successful in buying the note (already agreed to by the bank) and becoming the first lender and I buy the rights to the property from the estate (already agreed to with attorney representing the sole heir), What else do I have to do?

Right now the house is in foreclosure....has been for quite a while. Can I simply buy the note and as the bank, pay the estate the agreed upon amount for a deed in lieu of foreclosure? (cash for keys) At that point, can I just cancel the foreclosure? What has to be done to resolve the other items? I don't mind paying the HOA liens and city of Tulsa liens....less than $2000 total for all them. It is the other creditor claim for $18,000 or so I need to know my options on. Quiet title suit? Just accept this as an ill liquid property I control for a while?

Do a quiet title suit to clear it all up?  Is that an option since I technically am aware of another claim due to a judgement from a previously unsecured creditor?  Do I just need to negotiate with all others to resolve the liens?  

Not sure what options are and how to do it properly while retaining as much value as possible.  Looking for input for those that deal with this type of property and can speak from experience.

Thanks

Loading replies...