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Updated over 2 years ago on . Most recent reply

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SIvari Cole
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In need of a Real Estate Attorney -- HELP PLEASE

SIvari Cole
Posted

Hello,

I am looking for a real estate attorney in the Kansas City area that may be able to represent my business interests in a bad faith sale/a property that was purchased from the tax lien sale in Independence, MO. Thus far my Google searches haven't been very fruitful. 

The short version of the dilemma:

Bought 1.3 acres of land in a subdivision between two homes. After purchase, advised by the City of Lee Summit that the property was intended to be held by the HOA in perpetuity and not by an individual owner/business. Now that the purchase is complete, waiting for the confirmation hearing and it sounds like this may be my only chance to get out of the deal clean.

If you know anyone that maybe able to help, please let me know. Any help is appreciated. Thank you!

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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
4,416
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Bruce Lynn#1 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
Replied

My guess is you don't need an attorney or if you do it will cost way more than what it is worth to hire one.  

Chances are they are going to rescind the sale and refund your money, based on what you said.

If you are out additional reasonable expenses, you might be able to recover those as well and I would ask...for example if you have paid additional property taxes or filing fees or foreclosure fees to an attorney.

Every now and then they do screw these things up and rescind a sale and I'm guessing it happens often enough that it is legal for them to do. Total guess on my part, but there was a pretty exciting similar case in San Francisco a few years ago...I followed closely and watched the final hearing where the property got taken back from the tax sale buyer. As I remember it they bought the HOA portions of the neighborhood, sidewalks, parking, etc for an exclusive neighborhood near Presidio. HOA had changed management and no one forwarded mail or updated tax clerk as to where to send statements....so after a few years it went to sale. In my opinion buyer had a good purchase and everyone basically followed the right procedures, but they still rescinded the sale.

Of course that doesn't make you feel good and it doesn't feel like you got justice, but there will be bigger, better, more profitable deals for you in the future.   Keep after it and pick your battles.

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