Skip to content
×
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
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
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 almost 9 years ago on . Most recent reply

User Stats

103
Posts
29
Votes
William Howley
  • Investor
  • Tampa, FL
29
Votes |
103
Posts

Auction Purchase - Title Question

William Howley
  • Investor
  • Tampa, FL
Posted

Hi, I am an investor in Tampa, Florida (Hillsborough County) and I recently won a property at auction. You initially deposit a non refundable 5% prior to auction, and than pay the 95% within 24 hours. 

Here is the situation / story: 

After winning the property I paid for an in depth title research (yes I know this should be done ahead of time but often there is not enough time to do it before hand. so lets not discuss that aspect of it here.)  The women of the title research called me back the morning of and told me "I do not think you should buy this property because the previous owner had filed for bankruptcy and because of this the foreclosure auction may be illegitimate and thus they may have a claim on the title and you could lose your purchase entirely".  I followed her advice and decided to not follow through with the 95% payment and lost my 5%. After talking with a friend of mine he had said that I SHOULD have purchased it any ways because there is 10 day period in which the judge will review the case and issue the title. If they find an issue, or if the previous owner files an objection than my 95% would be refunded by the court. This it is worth taking the risk. Unfortunately I did'nt know this until after.

Question:

So what if a similar situation happens again? Regardless of the county issuing the title to me 10 days later is it possible for the previous owner to come after me with a lawyer like 30 days later saying I don't have a legitimate claim to this property despite the county issuing me a title? Or is it that when the title is issued, that is it case closed. This is important information to know. I lost $5,000 this time and felt that I should have in fact bought the property! 

Any advice from someone with a similar experience please let me know.

Most Popular Reply

User Stats

23,418
Posts
13,508
Votes
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
Votes |
23,418
Posts
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

When BK is filed, it automatically Deluca the auction, of scheduled. Then the bank goes to BL court and gets the stay lifted, then the auction is rescheduled and sold. Your title agent is misinformed/overly cautious. Worst that could happen if property is sold when it shouldn't be is you'd get reimbursed. You can look at the foreclosure case file, docket events, and see what happened and when.

Loading replies...