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 over 6 years ago on . Most recent reply

User Stats

92
Posts
36
Votes
Cristian Aviles-Morales
  • Orlando, FL
36
Votes |
92
Posts

Seller has entered foreclosure 9/20/18, can I purchase it?

Cristian Aviles-Morales
  • Orlando, FL
Posted

Home owner, who is represented by an attorney, has filed for foreclosure 9/20. Paid 155k back in 2006 for the property. Actual value now 190-210k. 

I contacted the attorney and left a voicemail with his assistant, but wanted to jump on BP and see if anyone has ever known about a property that goes into foreclosure and if it is possible to acquire the property from the bank/asset manager prior to it going up to auction. 

Any tips? 

I fear that by the time it has been foreclosed on maybe they are unable to sell anywhere else BUT the auctions/MLS.

Cristian

Most Popular Reply

User Stats

6
Posts
1
Votes
Replied

@Ron S.  Perhaps predatory was the wrong word to use in this circumstance, although I believe it is suitable.  I was not referring to any sort of predatory lending. The original post is referring to  an investor purchasing a  property in foreclosure , so I am not sure where lending would come into play.  Just because "predatory lending" is a term in the RE world, does not mean I am unable to use the term "predatory" in reference to another real estate act.   Of course selling the home isn't predatory... this post is about an investor buying the home that is already in foreclosure from the homeowner occupant . I know that once the foreclosure process has started  IN MARYLAND, if the home is owner occupied, contacting a homeowner to purchase the home and stop the foreclosure process is in fact illegal. Investors who have marketing techniques that say "stop the foreclosure" can be fined up to $5,000 and 3 years in jail.   This is all because of the  Protection of Homeowners in Foreclosure Act (PHIFA)  .Theres not really a debate to be had here.  Its just a broad law that is only enforced in a few states & makes purchasing a home from the homeowner already in foreclosure not legal. With that being said, it varies state to state & is still possible and legal in many states. 

https://alkonlaw.wordpress.com/2013/03/13/foreclosureprotection/

https://tpf.legal/protection-of-homeowners-in-foreclosure-act/

Loading replies...