Originally posted by @Bob E.:
@Vanessa Garcia Welcome to the crazy world of NPN investing. We did a FC in Michigan back in October and as someone mentioned there is a 6 month right of redemption in Michigan.
If you are not familiar with this it means that the former owner has 6 months to continue living in the property, or renting it and collect the rent, before you get the house back. I am not sure how this applies if the house is vacant (ours was occupied ) but you will want to check on this.
In our case the former owner was renting the house to his brother (or just letting him live there for free) and we are still waiting to get the house back. April 15th is our day so hopefully we don't have to pay to do an an eviction after that but we will find out in a few weeks.
I hope that yours is a smooth transition back into your hands :). If it's not, if you don't mind providing some details about what you do have to do I would appreciate it.
So although my brother and I are not brokers we have been bouncing around a few ideas of how we'd like for it potentially to be handled.
This property IS occupied. The foreclosure process (in total from initial paperwork to auction) took 2 years. Although it appears unlikely that we can get the people who live there now to "rent" it from us I think that would be a nice way not to make them move but they haven't been paying for so long that I may just be fantasizing there.
We are both pursuing notes as a long term investment BUT if it sold quickly after all the paperwork clears neither one of us would cry about it (we'd probably jump for joy). So 6 extra months is ok as long as all the paperwork has been filed correctly, etc.
Although we both don't actually want for people to be foreclosed on and evict them, so work-arounds that allow people to live in their property and for us to get paid are our preference. But we don't have any emotional attachment to this property or these people yet and there is no such thing as a free lunch. It makes sense to me that if you live somewhere you should pay rent.
But hypothetically, if the property is under 1 married spouses name could a new loan be drafted (by a broker) and issued under the other spouses name? I know they haven't been paying for a while, etc., but if they knew the house was underwater, etc., then maybe this has been their (property occupants/mortgagee) play all along? Assuming the other spouse meets underwriting guidelines, etc., of course.
To be clear, at this point I'm just dealing in complete hypotheticals (although this property IS really occupied).