O/t Docket Number

Re: O/t Docket Number

Gil Mitchell

>Todd the docket number should be from the county that the property is in. when you go to the county court house make sure you seach the docket #, owners name, adress, pin # (parcel identification number),and the tax records. some times documents will get filed under one or the other and not all of them. you should be able to find any second mortgages,judgements or liens this way .you don't want any surprizes after you buy. also you'll probablly have to find the sister to get her to sign off on the property to buy it before the foreclosure sale. another thing these auctions require that you have a certain percentage of the sale price in cash or cashiers check at the time of sale. 10% where I live. If you have any more questions you can email me. hope this helped and good luck

Re: O/t Docket Number

Been there

>Family problems can sure be painful--been there, buying some property of my brother at a foreclosure auction. In my opinion this is NOT a do it your self project, however tempting saving a thousand bucks or so might seem. There are lots of potential complications, especially if your sister also files for bankruptcy, voluntarily or involuntarily.

Re: O/t Docket Number

Clay C in Miami

>Todd,

In FL, properties are identified by 'Folio Number.' If you can't find your sis to buy out before the courthouse-steps sale, you ought to be sure there are no other debts on the property before you bid - second mortgage, mechanic's liens (by anyone who worked on the property), etc. You might well get a better price and even a cleaner title from the courthouse sale than you would buying out your sis or the financial institution. I can't imagine I have to tell a bottom-feeder like you this, but ... If you deal with the bank, naturally, do not let the bankers know you HAVE to buy this property back or face eternal parental wrath - that won't help the price.

The newspaper ad with the docket number should also have the name of the court, but it's almost certainly the 'Circuit Court in and for X County, FL,' and the county courthouse and tax assessor's office will have everything you need.

I'm gonna email you my cell number, call me - I've managed to avoid mentioning it here so far, but I'm actually a FL lawyer. Not a real estate lawyer unfortunately, but I should be able to help.

Good luck,

Clay

Re: O/t Docket Number

Todd O. Cronkhite Maine Native in FL. Exile :~(

>Thanks all so far for the info, it's proved helpful.

Forgot to mention that the land is in Maine tho. Brother found the issuing courthouse, but anymore info is hard to get. Apparently the layer won't give up any, blah, blah, blah.

Clay, I'll try to give you a shout. I usually have no luck when it comes to calling cells tho. Forgot to mention to Brother to look for other liens on the property, however I highly doubt that there is other than back taxes.

Todd O.

Re: O/t Docket Number

Bob Hackett

>You know that if I can help in any way then I`m all over it.That includes a place to stay and wheels if you need them when and if you come to Maine for the sale.Just let me know what I can do.

Mainely,Bob

lawyers need love even more than goat ropers

Bill Houghton, Sebastopol, CA

>It's a hard place we've come to in this nation, when someone in a complex profession like the law is afraid to tell anyone...my sympathies, Clay.

Bill, who tries to avoid mentioning that he's a (gasp!) manager

Re: O/t Docket Number

Been There

>You mention "the" lawyer who won't talk. What you must really be clear about is that this person ONLY represents the interest of his client. And, it sounds from his lack of "forthcomingness" that he is interprenting this rather narrowly. As I said before the only sensible thing to do is to hire an attorney to represent your interests. There are so many potential problems here that trying to sort this out without hiring a local attorney (ie Maine) is way more complex than having a beginner make his very first joint a blind miter dovetail, and doing from a manual without any pictures.

By the way I am not an attorney, but I have tracked a lot of bankrupties, and have had to deal with a similar situation myself. Sorry for being repetitive, but it is REALLY important if you (or your brother) are going to get involved.

Re: lawyers need love even more than goat ropers

Todd O. Cronkhite Maine Native in FL. Exile :~(

>It's a hard place we've come to in this nation, when someone in a complex profession like the law is afraid to tell anyone[that they're a lawyer]

Bill, things are far worse than that. Personally I can't blame a lawyer for not speaking up and saying that they are a lawyer what with the Judicial System getting so screwed up these days. I don't blame the lawyers for that I blame D.C. they're passing laws up there that are ludicrious. Descipline has in effect been removed from our society, and when descipline is removed than chaos thrives. Something that we as a Nation are experiancing right now. Also used to be that common sense and common decency was the rule, and that is now gone.

Short story: Had to call my wife at work the other day, she works at a major chain drug store. A lady answered the phone and stated that her name was Debbie. I said "Hello Debbie, this is Mr. Cronkhite, and I need to speak to my wife Katie" for the rest of the day my wife was teased and ridiculed because I had identified myself as Mr. Cronkhite. I thought I was just being courteous to Debbie by doing so, but since common decency is so far gone it wasn't even recognized or appreciated. Quite disgusting.

Thanks Bob, but

Todd O. Cronkhite Maine Native in FL. Exile :~(

>I'm not coming up for the sale. Brother got it covered. Appreciate the support immensly tho.

Dunno if we'll save the land or not, but we're trying.

Been on an emotional roller coaster the past few days.

Todd O.

Re: O/t Docket Number

Ron in Kokomo

>Todd

I spent 20 years (very successfully) as a manager in the real estate business. This is most definitely NOT a do it yourself project. Call you largest local land title company. Ask them the name of the attorney that does most of the real estate law business in your area and go see him PRONTO.

Ron

Re: O/t Docket Number

Clay C in Miami

>Todd,

After we spoke, the more I think about this, the more this strikes me as 'predatory lending.' The 19% interest rate is a tipoff that your sis probably didn't have income to qualify for a regular loan of this size. Often these types of lenders make more money from foreclosing on properties than they do from their lending or other activities.

There have been some scams where 'lenders' get folks to sign a mortgage they obviously are unable to repay, to pay for some home improvement they are hawking - siding, or an air conditioner, etc. Then when the payments get behind, they foreclose. These folks generally are less interested in profits on the siding, or interest on the loans, than in getting the property. At worst, they sell their product at a steep price and collect an outrageous interest rate, and at best they pick up properties cheaply. (I'm not entirely excusing the borrowers here - signing a mortgage you can't repay is idiocy, and folks are presumed to be competent.)

But, this probably explains why the lawyer you found (probably representing the lender) is uncooperative - they want to complete their enterprise without competition from you for the property, if possible. Also, if any of the info you had about the conduct of a ME foreclosure sale came from that lawyer, you might have to suspect its accuracy (or at least its completeness).

And, given this likelihood, you definitely need a ME real estate lawyer, because who knows what other little twists there may be in this sad tale (or in Maine's laws governing foreclosure sales)? While you can find out a lot of information on your own, what to do with that info is a whole 'nother story. I'll call or email if I can find you someone in Lewiston.

Clay

Re: O/t Docket Number

Todd O. Cronkhite Maine Native in FL. Exile :~(

>'predatory lending'

Wish the heck I could prove that. Think I'll advise Brother to go straight to a Real Estate Lawyer and see if he can get a halt put on this auction for investigation of this practice. As was said you would think that someone would be competent enough not to sign a $100,000 loan at 19%. gotta wonder at what intillect level you've got to be at to think that is a good idea. Sheeeeeeeeeeeeeeesh, how stupid can you get? Well, that's water under the bridge, so no sense dwelling on it.

Appreciate all the advise and ideas Gang. This is a very difficult time for me emotionally/mentally. All I can hear is my Dad saying, "No, she'll lose it" I usually listened to my Dad, but in this case I talked him into just willing it to her instead of me and now it's biting me hard. Just dosen't pay to be a nice brother. Wish I had taken it from him and just rented to her now. I knew she had bad credit, but never imagined, couldn't even fathom that she'd borrow $100,000 at 19%. Who can forsee that level of stupidity?

thanks again Gang, we may not get it in the end, but we're giving it a shot. Right now we're shooting in the dark a little, but we'e shooting. Think we'll shoot straight for a lawyer next. the sale is on Sept 22nd, so time is tight.

Todd O.