Most people wouldn't buy a used car without checking some sort of car facts to find the history, yet they hire people without checking their real experience level or the court records to see how often they have been sued, for what, and what the outcome was.  

After checking some court documents, I saw the bank started the foreclosure process in 2009, but did not finished (no one was served).So, does the seller still own the property?

Should I hire a lawyer, or take him to court by ourselves?

Was there probate or any type of court action?  

My lawyers recommended just trying to appease her instead of going through court. 

If you don't win the auction, you can return the money and only pay the accumulated interest.As for how do you pay the auction, that depends on if you are buying a property on the court house steps or via an online auction. 

Obviously the seller doesn't want to credit the buyer for rent they didn't collect and they have incurred courts costs in dealing with this tenant already.

Technically, they may have the right to take me to court over the missed date, but my hope is that the extensive documentation I have will put this to rest.

In NJ, for example, if an owner is trying to make a deal or workout with the bank or a third party, typically the court will grant an extension.

Eviction process started in April and yesterday he turned keys in at court.