Comments on: Can You Be Sued By The Person Who Bought Your House At Auction?

By: scotty69

scotty69 — Wed, 10 Feb 2010 23:58:37 +0000

Fact is you can be sued by anyone for anything. With that said the chance of them winning is slim to none as the house was bought as is at the time of you leaving. Also house was not purchased from you but from the bank. I wouldn’t worry about it and go have your day in court. Don’t pay them anything till you go to court and let the judge decide. Also if you lose, which is unlikely, you will be able to make payment arrangements for the amount owed.

By: luisa_ma

luisa_ma — Wed, 10 Feb 2010 17:14:53 +0000

Be honest – you were pissed off and left the place with as much damage as possible. I guess that wasn’t the best move.

By: dondatu

dondatu — Wed, 10 Feb 2010 14:53:33 +0000

No. Because there’s no contract between you and the real state owner. In a public auction, usually a buyer is aware of the pharse “as is, where is”. Even if he claimed he’s not, you are no longer a party to the sale. The contract of sale is actually was between the banks representative ( who acquired its right because of the foreclosure proceedings) and the real state investor . You are also right in saying that they should give you the amount in excess of your existing loan balance plus the interest or other charges. Again you are not a party to the sale, and the investment investor has no right to sue you.
For your refund from the proceeds of the sale, you must go directly to the said bank and ask for your refund. If oral demand is not sufficient, make a demand letter, specify in details the purpose of your demand, address to the bank’s President. Put a deadline as to when you require them to reply. In that way, you have a strong evidence before even going to your lawyer to make a follow-up demand, or later sue them for taking advantage of the excess proceeds (that will fall under solutio indebiti) Enriching themeselves at the expense of the others. Goodluck.

By: goldie

goldie — Wed, 10 Feb 2010 14:25:39 +0000

I would hate to try to answer this one, however I would get a free consult and ask an attorney. He or she would know the answer. When it comes to all the legalities some states differ. Good luck!!

By: cork

cork — Wed, 10 Feb 2010 14:17:49 +0000

SURELY YOU HAVE AN ATTORNEY…

By: QueenBea

QueenBea — Wed, 10 Feb 2010 12:22:22 +0000

Consult an attorney every state has it’s own real estate laws and it would be foolish to take advise from people that could be talking about a local with vastly different laws than yours. I will tell you this most attorneys will give you the first consult for free so write all your questions down and be sure to take notes when they answer. You may be wise to have the attorney handle the matter should it come up in court.