Originally posted by @Nick L.:
- Claiming the foreclosure is not valid because he filed BK the morning of the auction.
- Claiming the foreclosure is not valid because he did not have a contract
- Filing a fraudulent contractor's lien for over $100k against the bank and me for supposed work done on the property
The following all pertains to California. It may be similar in your state.
We bought and flipped 30-40 properties at foreclosure auction in California between 2008 and 2012. Most owners moved out easily, some received a little cash for keys ($500 - $2000, peanuts if you consider that these properties were worth $300k-$1000k during those years)
Out of those 30-40, we ran 3 times into an owner who "knew too much". The worst was the guy who had an active RE license. He rented the house for 1/3 of market rent to family members and the rental contract specified that the tenants could bill the landlord $30/hr for maintenance work performed (without an upper limit).
He also filed a mechanic's lien.
We actually had the meachic's lien twice.
The scammer filed the lien ~6 months before the auction. There were some problems with this:
1) the guy had no license and an unlicensed person cannot defend a mechanic's lien in court. Anyone can file the lien, but it's nearly meaningless.
2) 90 days after filing, the contractor would have to take the debtor (owner) to court. Of course he did not take himself to court. The auction was 6 months after the lien. He *could* then get a judgment. (Of course, being unlicensed, he would NOT succeed.)
3) (I cannot remember #3 right now!)
The other property had a mechanic's lien that was 12 years old, Indeed, the judgment was 11.5 years old. Had never been collected on.
And.. judgments are only good for 10 years.
The rest of his stuff is just baloney. A trustee sale does not need a contract with the debtor.
The BK filing in the morning is a common scheme. Many times I had bought something at noon and got a call at 2pm that "the trustee was just informed about the BK.. I will get my money back in 10 days."
You got the deed recorded, hopefully within the proper time (in California, you should record within 15 days) and he doesn't have a leg to stand on.
You might want to offer him cash to move out without damage to the property.
I know someone who paid as much as $20k if the occupants move out. That was a 6 year old house that looked still like new, had been bought for $850k and he sold it for $1650k.. sweet deal.. I guess he could afford to give away $20k to the deadbeats.