The ball really is in the buyer's court, no?

I loked into this a little and I believe you have to go to the court and get them.

Basically my original tenant has stated that if she doesn't leave peacefully and some legal actions must be taken in the courts she is going to vacate the apartment and leave the problem on my hands.

This is an REO .. not a Court House Foreclosure Auction.

They are proper in a divorce, by court order, as one insured under a title policy conveys to another.

Take it out and make them take you to court over it and they can explain to the judge how all the windows got damaged on their watch, and how that is your problem.

This means you become subject to mortgage origination requirements, you may be exempt but I tend to doubt it as most "investing" in notes are not truly passive investors, they are actively engaged in a business function.

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How would you defend it in court otherwise

Also, I put a liquidated damages clause in contracts as well, with EMD no more than 100 bucks.How would the "partner" contingency hold up in court?