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Updated over 3 years ago on . Most recent reply

Account Closed
  • New to Real Estate
  • Vienna, VA
3
Votes |
25
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Foreclosure Auctions - Substitute Trustee Eligible to Bid?

Account Closed
  • New to Real Estate
  • Vienna, VA
Posted

Hi BP Community—

In Virginia, when a Substitute Trustee is assigned and that firm brings a property to auction, I'm wondering if that firm - or their affiliates - can bid on the property at the courthouse steps. Or, possibly an employee of that entity acting in their own interests (or, bidding as a personal investment). I realize laws are different per state with foreclosures, so I welcome feedback from people in or out of Virginia. 

I can't imagine there would be conflict of interest, right? The lender just wants their money back - who cares if the buyer is Joe Schmo on the courthouse steps or the firm assigned as the Substitute Trustee.

In summary, my questions:

  • Are there any laws/code that prohibits a Substitute Trustee from purchasing the property themselves before or during the auction? 
  • Why wouldn't these firms want to purchase a property that has promise to be a good investment (i.e., long-term rental, flip, etc.)?

Thanks in advance!

      Most Popular Reply

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      Tom Gimer
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      • DMV
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      Tom Gimer
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      Substitute trustee owes fiduciary duties (perfect fairness and impartiality, in VA) to both lender and borrower. Whether those duties have been breached in a given scenario depend upon the facts.

      To me this sounds like someone betting on a game they are playing in.  

      • Tom Gimer
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      Eastern Title & Settlement
      4.9 stars
      12 Reviews

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