he is not the owner because he filed bankrupcy. I cannnot talk to the bank and I cannot get him to call the bank to see if they would consider a short sale. Is there anything I can do other than wait for auction day and hope no one out bids me?
Kathy this sounds like someone who is playing the game to stay in the house as long as they can without paying. I have seen some forclosure actions take 2 1/2 years to complete if the owner plays the game all the way.If the property is in bankruptcy there may never be a sheriff sale date as the owner may work out giving the deed to the lender and moving out for a cash stipend. If the property does go to forclosure in Butler count the lender bids the judgement amout and if you want to bid higher go for it but it sounds from the bankruptcy filing that he owes more that the home is worth.
Good luck there are lots of homes available in SE Butler county.
Kathy,
The problem is not that he is not the owner... he is still the owner BUT he can NOT sell it... once a person goes into bankruptcy only the trustee can sell the home... It could be possible for to actually purchase the home if the home owner and the bk trustee work together and agree to complete the transaction.
With that said... I would NOT suggest you get into something as complex and frustrating as taht would be... there are just SO MANY deals out there to be had right now... I bet you can find something else as good or better without all the :"baggage" as what this house has...
Hope this helps. let me know if you have any follow up questions and/or if you need a referral to a good real estate attorney.
Thanks,
Mark
If the home is in foreclosure it's too late for a short sale and the bank is the owner of record. If this recently happened then the bank will be sending the property to a broker they work with to handle their foreclosed properties.
You could start by calling various companies there that handle foreclosures and find the one that will handle that home. Typically, a bank will work with one or two brokers so it shouldn't be hard to find them. When it comes on the market it will have a set price which may or may not be negotiable.
While most banks will say they don't negotiate they still do. They may come off the price depending on interest levels or you may get some or all of your closing costs or they may do some repairs if they are considered health or safety issues, don't be afraid to ask. Good luck, aloha
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