Foreclosure Buyers Beware

 Posted by at 7:41 am
Jan 222013

There are still a number of buyers who seem determined to buy a foreclosure. My personal rule is “you need a strong stomach, a lot of patience and courage, a good wad of cash, and an attorney on retainer.” I have yet another example of why that’s my rule.

The Bangor Daily News recently reported an interesting tale of a foreclosure purchase made in 2009. The original owners are claiming the foreclosure process was flawed–therefore they still own the property and have refused to leave the home. The “new” owners are paying the property taxes but haven’t had access to the property they “purchased” for over three years. You can read the details for yourself, including the fact that the case is now before the Maine Supreme Court. We can debate the validity of the original owners’ claim, but not the reality they made it and the court is apparently taking it seriously.

This particular case happens to be a tax foreclosure, but bank foreclosures are no less risky. Buyers love to point out that foreclosures can be a heck of a deal and think they “can’t lose.” I suspect these buyers would not agree. Even if the court eventually declares them the rightful owner, they are left with a huge legal bill and the need to evict the original owners.