@John DeVito
@John Thedford
@Al Wilson
@Rick H.
@Jay Hinrichs
Thanks all for your feedback and advice it is really greatly appreciated... from 10,000ft level the 12% return is worth the risk for me considering that it will be secured. I also do not have any other investment opportunities on my immediate horizon, and it's passive money... But most importantly, it's a learning opportunity. I don't know many others my age who've had a chance like this and 5 / 15 / 30 yrs from now I think I'll be happy I went for it even if it becomes more difficult than expected. There would be foreclosure on the back end if it goes really, really bad... that's a risk I have to take to do the deal.
I'm definitely getting a first lien on the property to protect myself. I also asked more questions and looks like they do have a title insurance policy on the property. Would it be overkill to get my own lender's policy as well?
I am doing a manual title search on my own with the county clerk's office and I have not found any liens or encumbrances other than mortgages. All property taxes were paid in full per the county treasurer's office, and any IRS liens would have expired 120 days after the foreclosure / auction. I'll dive deeper into the title search results this evening to ensure that there are no additional mortgages that would not have been cleared at foreclosure (e.g. senior lien to the foreclosed note).
Biggest unknown right now is figuring out how to get the documents properly drawn up and recorded. Sounds like it just needs to be a note and a mortgage to place the lien. We plan to have a lawyer or title company take a look at what we prepare.
Hoping to close next week...