We purchased an npl note for $450,000 on a home in Washington State with an approximate value of $600,000, great. Title history had quite a bit of hair on it - a bankruptcy, a divorce, and the lender suing the borrower for various reasons about 10 years ago. We knew this project was going to be complicated and we made sure that our purchase agreement with the seller of the loan had specific terms related to our due diligence findings.
We proceeded to foreclose and the borrower lawyered up and filed a lawsuit. Her defense was statute of limitations based on a filing not being done correctly by the original lender in 2006. We filed a claim with the title insurance company that originated the lenders insurance policy, they eventually approved the claim and beared the cost for representing us in the lawsuit.
Long story short, we eventually got the company that sold us the loan to agree to purchase it back based on a specific clause we required in the purchase agreement that was related to the statute of limitations issue that we experienced in the lawsuit, and had anticipated in our initial due diligence as a possible issue at foreclosure.
This clearly illustrates the importance of making sure you have a lender's title insurance policy on the loan, and that you execute a well-crafted purchase agreement that covers your butt should something like this put you into a litigious situation. This also illustrates that borrowers on higher value properties with defaulted debt can be much more challenging than those who own lower valued properties.