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Foreclosure And Subsequent Sale

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I partnered with a Private Lender on multiple fix and flip projects over the past 5 years. Unfortunately, I had a major medical scare and was unable to work for about 12 months. My lender foreclosed on our last project with a notice of Demand and Default, with a balance due of $142,000. I'm totally understandable about his action and I wish it didn't happen. The deed stipulates what happens in regards to a default with language about an Auction and the details about how one is to be conducted. The Lender instead spent some money and finished the project and listed it on the MLS. The house is under contract and scheduled to close in about 10 days. For an amount well above the $142,000 default. I understand that a typical foreclosure and auction would stipulate that any profits made would come to me, and any negative balance would still be owed by me. Since the lender didn't follow the instructions on the deed and chose to finish the project himself, am I still entitled to the surplus? The default amount is $142,000, and the sale price is about $185,000. Also, can he add the cost of finishing the project to the default balance? Lastly, the default judgement was entered on 2.8/24 and he has taken his time in finishing the project. Is the balance owed "frozen" at the time of default OR is interest still tacked on until time of sale?

submitted by /u/Responsible_Top7045
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