Q: I bid and won foreclosed auction property. There are motions for eviction filed, can I get out of this w/out losing $?
I recently bid and won a property thru foreclosure. I have not closed on the property but was notified by the current owners, thru their attorney that there has been a motion filed for foreclosure for the current tenants. Frankly, I have no interest in pursuing this property compounded with the 'headaches' accompanying the purchase as well as any/all ongoing legal costs since I don't have the time or funds to do so. They have had ongoing issues with this tenant and feel that because I was not made aware of the situation prior to my purchasing that the agreement should be dissolved and my deposit returned. However, I am not fluent on the law pursuant to a situation like this and need advice. What recourse could I take / have in my favor to get out of purchasing this property and all it's headaches without losing my $10K deposit. Appreciate your insight and direction.
A:
Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14
When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having an attorney review that contract to help figure out your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
