Bought foreclosed property from County Sheriff

[suzanney]

Received Sheriff's Deed and recorded with County Clerk.

Mom sold property to her son.

Son then took out a loan at bank (first lien).

He had a large judgement placed against him and that's why property was sold.

He was in hot water, so Mom files a second lien.

A month after the sale of 2 houses on the large property, Mom forecloses and tells my renters they are being evicted.

We believe the second lien to be a ruse.

Do I have any rights as the deed holder?

Can Mom foreclose on my renters?

The payment on the entire property is being done as they own 2 other houses on it and alot of lots. Did I loose my house or can I continue to own it and collect rent?

 

[jlglaw]

Received Sheriff's Deed and recorded with County Clerk. The mom sold property to son. He took out a loan at bank (first lien). He had a large judgement placed against him and that's why property was sold. He was in hot water, so Mom files a second lien. A month after the sale of 2 houses on the large property, Mom forecloses and tells my renters they are being evicted. We believe the second lien to be a ruse. Do I have any rights as the deed holder? Can Mom foreclose on my renters? The payment on the entire property is being done as they own 2 other houses on it and alot of lots. Did I loose my house or can I continue to own it and collect rent?

What state are you In.

Sent from Nexus 5 on Slimkat

 

[Suzanne]

Received Sheriff's Deed and recorded it wth the County Clerk. Started collecting rent from existing renters. Originally, property was purchased from Mom by Son. Son took out loan from bank who is 1st lienholder. Son messed up and was sued and didn't pay judgement. County Sheriff put his properties in several counties up for sale to satisfy judgement. Prior to the actual sales, Mom records a 2nd lien on all his properties. She stated in his bankruptcy proceedings (which were dismissed), that she was trying to protect her Son's property. Payments on the entire property has continued as they own 2 other houses on it and some lots. A month after I purchased house, she forecloses on her son and with the 2nd lien. They immediately had the Son's wife deliver an eviction notice to my renters. Renters are very upset,. My question is: Did I lose the property in their deceitful manuverings or is it still mine? I told the renters I would not collect rent until is straightened out. Please help me.

 

[army judge]

I purchased property at Sheriff's sale and received Sheriff's Deed, recorded with County Clerk.

Do you know what a "sheriff's deed" is?

Do you know it is nothing more than a QUIT CLAIM deed?

Do you fully understand and comprehend how uselsss and ineffectual a Sheriff's deed is?

Before you INVEST (meaning throw your money away) in these worthless "sheriff's deeds", you should have consulted YOUR attorney. Buying a property at a sheriff's sale is fraught with great risk.

Why?

Well, quit claim deeds are so lacking they rarely acquire title insurance.

Once you have foolishly "purchased" such a property from the sheriff, who is laughing after unloading a real loser to any sucker with a handful of hot cash trying to make easy money, you need to scurry off to district court and initiate a quiet title action.

A quiet title action under Texas law is an attempt to clarify the ownership and validity of any liens or contracts against or on a the property.

A person would be wise to file a motion to quiet title when the actual ownership is (or could be) in dispute, or where the property has been acquired via quitclaim or at a sheriff's tax sale.

In these cases, you must file a petition to quiet title in state court asking that you be declared the sole owner of the property, free and clear of any competing claims.

Remember, you are asking, and we always don't get what we seek. Hence, there is risk in purchasing tehse properties.

Texas allows a 6-month (for non-homestead, non-agricultural properties) or two-year period (homestead or agricultural properties), with a flat 25% penalty to be added to the amount paid at the sale (50% after the first year).

As such, purchasers of properties at sheriff's sales are cautioned not to make major improvements on the property until after the redemption period has expired.

Are you starting to see why I would have advised you not to purchase such properties. Too much risk, for too little gain.

I strogly urge you to speak with locla counsel in your county and see what options are available to you in this matter.

You have ended up mire in a very messy bit of business.

Mom sold property to her son.

Son then took out a loan at bank (first lien).

Son had a large judgement placed against him and that's why property was sold.

He was in hot water, so Mom files a second lien.

A month after the sale of 2 houses on the large property, Mom forecloses and tells my renters they are being evicted.

The title is evidently clouded.
This is what i cautioned you about above.
This is precisely why you should not purchase these properties.
Plus, the judgment holder has not yet entered this little saga.

I believe the second lien to be a ruse.

It is never what you believe, but what you can prove. What we appear to have here, is dueling deeds. This is where you HIRE a lawyer and initiate a suit to quiet title, assuming that's possible.

Do I have any rights as the deed holder?

You possess ONLY a quit clam deed.

Your quit claim deed is masquerading as a superior deed, a sheriff's deed, but its just a common, garden variety, non-venomous quit claim deed.

Can Mom foreclose on my renters?

Mom can't foreclose on the renters. The tenants have no ownership interest in the property, but she can attempt to evict you with your useless quit claim deed. Are you beginning to understand why a quiet title action could be useful?

The payment on the entire property is being done as they own 2 other houses on it and alot of lots. Did I loose my house or can I continue to own it and collect rent?

I sugest you consult local counsel.

Your possession is tenuous at best, and who knows who, or what, or when it is coming after you????