Can I get "The Complaint" from the foreclosing attorney prior to Auction?

[Steve R.]

Hello

I live in NJ and recently started going to sheriff sales and getting educated on the process.
I spoke to an attorney that was representing one of the banks.
He was very helpful and I was asking him about doing title work prior to auction.
He said, prior to the auction, I should call up the foreclosing attorney and ask for the "the complaint".
This legal document will list the 1st mortgage holder and will also state whos interest is getting wiped out.
Sounds like great way to get accurate information.

I have not heard of this or seen anyone talking about this.

Does anyone have any experience getting
"the complaint" from the foreclosing attorney?

Thanks for your input.

[Angelo Russo]

Speaking as an attorney, and the owner of a title company in Ohio, here is what you do.

All complaints are public record, so go to the county clerk of courts and tell them you are looking for case number XXXXXX. The case number should be listed with the property address on the sheriff's list of what is being sold. Just walk in, you can view it there, but not take the file out. If you want to copy something, probably $1-$2 per page. The problem is, you will not get any liens filed after the PJR (preliminary judicial report) an FJR (final) has to be obtained before the sale. Again, the title company and search only protect the firm who is foreclosing and not the buyer.

What you need to do is, see what title company issued the report. Tell them you are thinking of bidding on the property and if they will provide you an Owner's Policy on the property should you buy it (every state's cost is different) This will protect you. Let them know they already did the PJR and the search cost and out of pocket for them should be less and save you money in case you do not buy it.

The other thing that is missing is any federal tax liens do not get removed this way. So if you buy it, you could be buying someone else's headache. if you get the title insurance, that is covered (usually).

I wish you luck, but pay close attention. I've seen people bid on houses and get stuck big time. Be even more careful on commercial properties, EPA and especially gas stations have a lot of baggage that come along with them.

email me if you have more questions.