Occupied foreclosure in Covid era.

[Matt W.]

Hi BP, 

I'm looking into bidding on a foreclosure auction in Wilmington-New Hanover county, NC.  Today was the first day of bidding, I can upset the current bid within 10 days. 

Drove past the house and it appears the owners are still living there.  According to Propstream and my register of deeds search, this foreclosure has been dragging on for at least 4 years.  The owner at one point declared bankruptcy, but that was dismissed about 6 months ago, which allowed the foreclosure sale to happen today. 

My concern is that if I were to buy it and the owner-now illegal occupant refuses to leave or do cash for keys, I will not be able to evict due to the Covid eviction moratorium.  This person's financial troubles started years before Covid, but I'm assuming they could claim hardship due to Covid all the same. 

I've called about 10 real estate attorneys and no one does this type of work, I think the market is so hot they are happy making easy money doing closings!  

Thanks

[Emanuel Eyssallenne]

Hi Matthew,

That sounds like a great deal!  My hat is off to you for speaking with 10 real estate attorneys about the issue.  I can offer support and encouragement for you to keep plugging away at it. I have heard a similar story around the Philly PA market and the investor was able to speak with the resident and workout a solution to get them out.  Most of the time (I've heard, have not personally experienced it) the folks in that position are looking for a solution and if the investor can figure out what the minimum is that those folks need it usually works out for the investor.