Just a general note on pesky REALTOR® commissions:
In most states, the agreement for commission is between the seller and the broker. The broker pays the agent. If there happens to be a buying agent, the broker will pay their broker, and then the buying agent will get paid. If there does not happen to be a buying agent, the commission is split as stated in the listing agreement.
If you would like to have a "buyers agent" you can hire one. You can pay them or they can take whatever the listing broker gives them (that is usually the case).
Just like any profession (plumbers, contractors, lenders, & even investors), some Realtors are not great. Some will just put a sign in the yard and pray for a buyer. He may be one of those agents. OR, he may be spending thousands of dollars every month on marketing listings (like me) and you don't necessarily "see" everything he is doing to market and sell the property. Either way, you are dealing with a contract that you have no control over. It is between the seller and the broker.
You have a lot of questions and many of them would probably be answered by a GOOD Realtor and they might find a way to get the deal done. Getting this property under contract is one thing ... getting it to close is a totally different issue.
Why don't you buy it at auction??
If the home doesn't sell at auction, maybe you can try a shortsale and get a better deal than the "subject to". If the seller is already being foreclosed on, then a shortsale might be a better option for both of you. It affects his credit for 3 years instead of the 7 years that a foreclosure hurts. Find a Realtor with shortsale experience and bank connections and they may be able to get it done (for free to you). I don't think you will be able to go the shortsale route if the bank is a few days away from the auction, but if it doesn't sell, initiate the process by submitting an offer in which the payout to the seller is much lower than what he is owed. Hopefully the listing agent with prove worth his salt and will be able to get it done for you. We have recently done this with a property that went to auction and didn't sell. Now we are in talks with the bank and have an offer on the table.
Talking with the bank:
If I read right above, you are going to Owner Occupy this home? If that is the case, I don't see any concern about telling them that you would like to buy the property and stop the foreclosure process. You will probably have to get a 3rd party authorization. They would probably welcome the buyer, but they do NOT like talking to investors.
After fees, closing costs, title, etc etc, the seller may be coming out of pocket (to save the 3 year shortsale credit hit) or you would have to go through the shortsale process. Again, maybe I am missing something, but I don't see the sub2 working in this case. It's just my opinion.
Good luck either way and let us know how tomorrow goes!!