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Can mother in law buy our second home that she is renting now if it forecloses?

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    Can mother in law buy our second home that she is renting now if it forecloses?

    We tried to negotiate a short sale. However, about 5 years ago she foreclosed on a home herself (long story, her daughter, my sister-in-law stole money from her and ended up in prison for 5 years for that and other crimes involving drugs and money, but the damage was done and m-in-law couldn't recover financially). She has been renting the house from us since we got married because she was living with my husband before we married and we each owned a home. With the market being what it was even 3 years ago, it was worth less than he owed. Now it's even worse, hence the decision we have made to do Ch. 7 and let BOTH homes go.

    Anyway, mother-in-law has done nothing to rebuild her credit since the FC and just got a checking acct in the last year. Until then, she had been doing cash under the mattress financing. :eye roll: So, she was denied for the loan. I would like to try and get her credit rebuilt with a prepaid CC or a signature loan through the bank she has her checking with now if they'll give her one. But, this might take too much time and the house might go into FC. So, is there any law against her buying it at auction? Or will the bank bid it up to the loan amt, making it impossible for her to finance because of loan to value being way off? House is worth around $72K and current mortgage owed is $114K.

    She would be living in the house only, we would not live with her (it's way too small for 3 adults, 2 toddlers, 3 cats and 3 large dogs, LOL. I'm thinking there must be some law against a relative buying a property, though, because it looks sketchy. She just doesn't want to move and we'd love for her to be able to stay somehow and HOPEFULLY build some equity in the home if the market improves. She's nearing retirement, but what she would pay in a mortgage at $72K is what she'd pay for a 1BR apartment, possibly even less.

    #2
    The first practical question, assuming the bank did sell it for FMV, where would she get the $72K. There is no law that prevents her from bidding at auction, but the banks do usually bid it at the loan balance. When you buy a house at auction (state rules vary), but generally you must 10% cash on the spot and be able to close in 30 days.

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      #3
      I'm hoping she will have her credit rebuilt by the time it goes to auction, but if they usually bid it up to loan value it won't be a consideration. I was just thinking that might buy her some time to rebuild her credit score and get a loan preapproval. She should have no problem coming up with $8K by then. She's not paying rent or anything until then, just living in the home for free on the advice of our lawyer.

      We're not postponing our BK to short sale this property to her, though, so once our BK is discharged, doesn't that mean that the loan is gone and we don't have the option of trying to do a short sale for her? I guess she can approach the bank about buying the home after the foreclosure sale?

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        #4
        Assuming you can get the credit built up, she would get a better deal by allowing to foreclose and then buying at a REO (bank owned) property.

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          #5
          Do you think she would be able to buy THAT house without moving out? I know they have to evict you (or your tenants) after they foreclose. In this state, that takes 30 days. I wonder if the bank would sell the house to her during that period? Have you ever seen something like that happen, where tenants in a foreclosed rental bought the property from the bank?

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            #6
            I have heard of tenants working out a deal to pay the bank rent to stay in the house after foreclosure. As for buying, haven't heard that, but at the same time, I see no reason why she couldn't, assuming she can get financed.

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