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Updated over 9 years ago on . Most recent reply

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Bill S.
Pro Member
  • Rental Property Investor
  • Denver, CO
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Judgement questions

Bill S.
Pro Member
  • Rental Property Investor
  • Denver, CO
ModeratorPosted

I am working with a seller who by self identification is in foreclosure. The county foreclosure website has no foreclosure for the property or for her. She has not received any of the direct mail that I would expect if she had received and NED. When I pulled the Ownership and Encumbrances (O&E) it had several "judgments". Each judgement file only had two pages in it. I think the property has some equity after paying off the original mortgage and the hoa lien. I will ask an attorney on Monday but was hoping for some feedback/education before I talk to the attorney. What is the  risk that the judgments are attached to the real estate? It's the same bank as the mortgage. How do I find out if they are? 

In addition, there was a lis pendes filed back in January.  The lis pendes says "judgement and decree of foreclosure" but is only 2 pages. There is then a "judgement foreclosure" back in July again only 2 pages the last line saying the motion/proposed order attached here to:  GRANTED". My pessimistic self is guessing that the bank has obtained the property via a judicial means and the "owner" is now just an occupant waiting to be evicted. The "owner" said she had done a loan modification which she did not make any payments for so I'm wondering if she didn't give up the "normal/public trustee process" approach in exchange for the loan mod. What is your experience with this?

The property is in the Denver metro area of Colorado. Specifically Jefferson County.

Thanks.

  • Bill S.
  • Most Popular Reply

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    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
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    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
    Replied

    How do you expect others to make any determination for you when this is so case specific?

    Are you willing to put it under contract (Tele off the market) then work backwards with escrow and title while you dig into the matter?

    Or, do you prefer to invest a lot of time reverse engineering up front?  My preference is to determine whether the principal is aware of any such issues or just ignorant to the facts and make a decision about investing more time into a messy file. 

    Your gal my have nothing, or possible redemption rights (?) or surplus funds. Hard to say without examining the Order.

    Btw, I spend all day yesterday at the California Assoc of Judgment Professionals conference, boning up on old skills. Lots of work for small pay days. Not my cuppa tea.

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