Tag Archives: trustee

What is the procedure of buying auctioned homes after seeing an ad in paper, check liens, Titles, mortgage?

How do you check for liens and taxes, what other items should be checked? The ad says “beneficiary may elect to bid less than the total amount due”, what do they mean, and who is the beneficiary? If people are still living @ the property, how does the buyer inspects, or takes possession of the property since the ad claimes ” the sale in an ‘as is’ condition, without covenant or warranty, regarding title, possession or encumbrances to satisfy the “indebtness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, pluse fees, charges and expenses of the Trustee and of the Trusts created by said Deed of Trust”? Looks like there are so many legal language that I like to know exactly what is involved? Also Is it O.K. to approach owners, and what should be offered? A property is auctioned for smal amount of backed association dues, what happens to Mortgag?
Any of you pros out there, anyone with experiece, anyone who actually gone through this procedure, and got properties in auction, through ads in the local newspaper? Also somebody was advising of going out there and purchase 2nd loans and get 15-17% interest on it?

I have some questions about the procedures of buying auctioned home, like how to check for liens, encumbrances

What other items other than liens should be looked at, and how, and where? Looking in an ad for auction, it says “beneficiary may elect to bid less than the total amount due”, what do they mean, and who is the beneficiary? If people are still living @ the property, how does the buyer take possession of the property since the ad claimes ” the sale in an ‘as is’ condition, without covenant or warranty, regarding title, possession or encumbrances to satisfy the “indebtness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, pluse fees, charges and expenses of the Trustee and of the Trusts created by said Deed of Trust”? Looks like there are so many legal issues intended by this language in the ad that I like to know exactly what is involved? Also Is it O.K. to approach owners, and what should be offered?
All you title experts, lawyers, auction buyers can offer any idea’s how to buy auctions from newspaper ads? Any guidance on bidding on first or second mortgages?
Is beneficiary the Trustee? And why the lender does not bid again after the initial bidding?

Chapter 13 Bankruptcy Question?

I am currently in a chapter 13 bankruptcy. I am paying the trustee $1050.00 a month. I have been in this for 2 1/2 years. I would like to pull the equity out and pay off my bankrupt. Is this possible? I really need to do this. Someone told me to try a hard money loan? I read about high interest rates.. I have about 200,000 in equity. I don’t want to pull it all out. Just enough to do some home improvements and to get me out of bankrupt staus.
I now owe $20,000.00. My husband ran off and decided he wanted to be a street person. So I am left with all the bills. No it was not a business.

Is this professional negligence?

Pls help… Uncle was trustee and executor of my father’s estate. He swindled 10k from the estate, he also had debts with my dad prior to his death & gave dad a land title for collateral, debt never paid till dad’s demise. Took him to court and court ruled in our favor. He had to pay the amount plus interests inclusive of legal fees incurred. Sale of land was permitted by the court. Uncle died. Sale of land unsuccessful.
Late 2007 family of deceased declared they found a buyer for said land, needed name tranfered to deceased son. The son signed an Statutory Declaration to undertake his father’s debts & that sale will be made through my lawyer. 2008 land was sold behind my our backs, I received only 10k less 9,300. My lawyer says her services is pro-bono on both sides, she just wants to close the case!!. Tells me to look for another lawyer to recover the 9,300. Isn’t it negligence on her part that the land was sold and money not recovered? Isn’t she obligated to see this through?
The lawyer is only obligated to perform services you specifically contracted and paid her for. She is allowed to refuse to perform additional services if she no longer feels like dealing with your case.

whitefangz1 – Well, I contracted her to recover the swindled amount plus debts the uncle incurred. This is only partially recovered. I was told that she should have caveated the land so the deceased son could not proceed with sale without my knowledge – she did not caveat it.

Can an appeal be filed in a bankruptcy ruling if you’re an innocent party but hold title to property re: case?

My brother and I inherited property after parents died (at separate times). We have a five year agreement re: settlement of the property which does not end until 2007. We signed this agreement in 7/03, and the docs were also filed the the King County court, loan docs, and title company, etc., and in 2004 my brother filed bankrupcy. The court is forcing me to refinance to buy him out, have a for sale sign on my property no to mention an interested buyer and contract for the sale of my property. Yet in still the Trustee for the bankrupcy case has raised my cash-out amount ($150,000 prior to property being listed) and three times (from $170,000 to now 205,000), since the listing. My pro-bono attorney has responded by deadline and we go to court on Sept 1. I have found a loan, but my questions is: Is this legal, will the Trustee have to accept my cash-out payment, and can they sale my home out from under me?