body found inside home sold at auction. dead 16 months....

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aigomorla

CPU, Cases&Cooling Mod PC Gaming Mod Elite Member
Super Moderator
Sep 28, 2005
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Afaik foreclosure is by auction in all 50 states

actually i think that depends on who has the note.
If the bank has the note, then yeah, they would definitely auction it.
However Banks will sell notes to private party.
Then if the mortgage defaults, the note holder can foreclose on the property and basically take it away from the previous owner.

I know a couple of people who did this, and ended up with real estate after the sub prime lending bubble and the purchase of those notes.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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actually i think that depends on who has the note.
If the bank has the note, then yeah, they would definitely auction it.
However Banks will sell notes to private party.
Then if the mortgage defaults, the note holder can foreclose on the property and basically take it away from the previous owner.

I know a couple of people who did this, and ended up with real estate after the sub prime lending bubble and the purchase of those notes.

You're confused as well. The foreclosure itself (afaik in all 50 states and definitely here in Texas) is an auction that takes place at a specified time at a specified place (in Texas, the first tuesday of the month at the courthouse, though other states it may be at the property during business hours pursuant to the notice, or a mass sale, but for every state I've looked at it has been by auction). Until that auction happens the foreclosure is not complete and can be stopped by things like a bankruptcy or other civil injunction. The people who buys notes and then foreclose still have to auction the property, they don't just get it. After that, if they buy it at the foreclosure auction, they can do what they want with it because they own it.

Properties that are foreclosed often get auctioned again, but that's really just a way for a seller to efficiently offload a lot of properties at once.


Not every state has its procedure listed but for each one I've found the sale is "to the highest bidder"
http://www.nolo.com/legal-encyclopedia/state-foreclosure-laws

If there is no highest bidder there has still been an auction. That's probably what the people you know had happen.
 
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Carson Dyle

Diamond Member
Jul 2, 2012
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Here's the house. On a cul-de-sac in a normal looking residential neighborhood. How the f**k does a body lie in this house for 16 months and nobody in the neighborhood even notices?

https://www.google.com/maps/@38.707...4!1sWhwe23Q5mIwk9g29xTmAKg!2e0!7i13312!8i6656

Tell me ... if one of your next door neighbors died and it had been months since you last saw them, is your head so far up your own ass that you wouldn't notice, or wouldn't do anything about it if you did??
 

BUTCH1

Lifer
Jul 15, 2000
20,433
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as the new owner are you required to bury it at your cost or can you just put it at the curb on garbage day?

No, the city coroner is conducting a forensic investigation at this point. They will need to check for poisoning, ect.
 

Mike64

Platinum Member
Apr 22, 2011
2,108
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You've jumped ahead in the process to when after the foreclosure has occurred.
Yep, apparently I was. As I mentioned, I wasn't basing my question on experience with it (and it's been a long time since law school). On general property law concepts, it seemed strange, but I guess was thinking more along the lines of personal property (and "repossession") rather than real estate (which has plenty of quirks just for historical reasons) and was especially forgetting that the outstanding mortgage can be less than the value of the property, so The Law requires it be "sold" to protect the debtor's right to whatever difference there might be, rather than just immediately/directly transferring title outright to the mortgagee upon "foreclosure".
 
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Mike64

Platinum Member
Apr 22, 2011
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if one of your next door neighbors died and it had been months since you last saw them, is your head so far up your own ass that you wouldn't notice, or wouldn't do anything about it if you did??
It really doesn't have anything to do (necessarily) with heads being up asses, it would depend on their relationship with the neighbor (and of course vice versa) and what, if any, "signs of weirdness" there might have been. By nature, I myself (try to) interact socially with pretty much anyone I see more than a couple of times in a row (except totally random passers-by, which would generally get me branded as a nut here in the city:D) but I know plenty of people who basically ignore even to their immediate neighbors (here in Brooklyn, and in the various 'burbs in various states that I have any experience with.) So if there were no pile up of mail, house lights left on 24/7 for a month on end, etc, someone who doesn't normally interact with them might well wonder what was up with the suddenly vacant house, but they also might well not call the cops to "report" it...
 

Carson Dyle

Diamond Member
Jul 2, 2012
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It really doesn't have anything to do (necessarily) with heads being up asses, it would depend on their relationship with the neighbor (and of course vice versa) and what, if any, "signs of weirdness" there might have been. By nature, I myself (try to) interact socially with pretty much anyone I see more than a couple of times in a row (except totally random passers-by, which would generally get me branded as a nut here in the city:D) but I know plenty of people who basically ignore even to their immediate neighbors (here in Brooklyn, and in the various 'burbs in various states that I have any experience with.) So if there were no pile up of mail, house lights left on 24/7 for a month on end, etc, someone who doesn't normally interact with them might well wonder what was up with the suddenly vacant house, but they also might well not call the cops to "report" it...

People in cities operate like that. Why I'll never again live in a city. Crowded as hell and nobody knows or gives two shits about their next door neighbors. You don't typically see that in a more suburban setting, especially in a small town.

Turns out this woman was originally from Germany and her husband had died not long before. Not sure about her age, but maybe everyone figured that the death of her husband prompted her to move away, perhaps back to Germany. (Although you'd think somebody might have asked "Did anyone actually see her move out?") There had been a single welfare check by police, who didn't attempt to enter the home, but nobody ever followed up. Weeds grew in the yard that were several feet tall.
 

Eug

Lifer
Mar 11, 2000
23,561
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I have a good relationship with all my immediate neighbours. However, until the time he came out of hiding to dispute my home reno permit I had never actually seen one neighbour a few doors down. This was after like 5 years living here.

And then after my permit was granted, I haven't seen him since, and it's been several years now.
 

Mike64

Platinum Member
Apr 22, 2011
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People in cities operate like that. Why I'll never again live in a city. Crowded as hell and nobody knows or gives two shits about their next door neighbors. You don't typically see that in a more suburban setting, especially in a small town.
Spare me the "city dwellers" are assholes bullshit. I spent my elementary and junior HS years in in a small town (population 2000) - where quite a few people "didn't speak to" (ie, socially shunned in every way possible) quite a few other people (near neighbors being favored subjects) because of absurd and extremely petty 10-20 year old grievances and/or prejudices (although admittedly they might well have made inquiries about "strange goings-on" with a view to reporting them for malicious reasons:rolleyes:). And I have family and quite a few friends/acquaintances in various suburbs (on Long Island, the northern NYC 'burbs, New Jersey, and for that matter in the "friendly South-ish" (North Carolina). The New Jerseyite family member is rather "forcefully social" so unless you're willing to be blatantly rude to a "friendly" elderly woman (and few people are) you will interact with her, whether you really want to and for that matter regardless of your ability to speak or understand English<lol>, but most of the rest all have immediate neighbors they "never speak to" (or who "never speak to" them), and most of that group has at least one neighbor they say it about with the sort of shifty, averted glances that imply those stupid small-town-type feuds we city dwellers love to make fun of.:cool:) If you live in some sort of "Pleasantville", congratulations, you are truly "unique".:D

And weeds growing tall, or even "circulars" piling up, are simply things that happen at vacant houses. They don't imply "unusual absence" in the way that mail (which can be and usually is stopped or held) piling up or constantly lit house lights (which normally would be set on timers if left on at all) do. You might hire a landscaper to care for your yard during an extended absence, but most people wouldn't, and if you've figured out a way to stop marketers from dropping off circulars - even at obviously vacant houses - I'm sure hundreds of thousands of suburban residents would love to know your secret...<roflmao>
 
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