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Forclosed home, Can the old owner file lawsuit?

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sendkeys

Junior Member
What is the name of your state (only U.S. law)? OR

I’m looking to buy a foreclosed home. At the start of this process, everything seemed to be normal. Now I’m finding out the old owner is suing the bank. The old owner lost in court and is now appealing. He is about to lose this appeal. It is the Banks lawyer’s view he will appeal again but they said there is no legal reason we can't continue with the sale. They have agreed to pay for my inspection and appraisal if “remote chance” as they put It, anything bad was to happen. I will find out in a few days if the title company agrees that the sale can continue.

I’m not sure what the old owner is suing for. He used to be a lawyer and I believe he might be doing it out of spite. He didn't pay the mortgage for over 2 years and didn't pay his taxes for over 3 years.
My Realtor was warned it might end up pulling me into this lawsuit business if i buy this home.

What is the risk of the old owner suing me ?
If i did buy the home and there was a lawsuit, would the lawsuit be with the bank/title company or would it be with only me?
After the last appeal would he have to stop? or could he continue to harass me forever?


On a side note if there was another home I liked I would move on. Due to taking care of my disabled father this home has been the first that would work for us in over a year of looking.

Thank you for your help. I understand i dont have a lot of information but im trying to start somewhere.
 
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FlyingRon

Senior Member
Anybody can be named in a lawsuit. The biggest risk however is he somehow gets the forclosure sale invalidated. If he intends to remain a lawyer, however, he can not file suits continually to harass.

Hopefully you have owner's title insurance. If you can get that I might consider it. I wouldn't even acquire property from my sainted aunt without owner's title insurance coverage. It would be foolhardy in a case where there is a known property dispute. Of course, with litigation pending, you may not be able to get such coverage. I'd make any offer contingent on it.
 

sendkeys

Junior Member
The person is not a lawyer anymore and this is another reason im afraid he will be harassing.

What i dont want is to be sold the property then get sued and have to pay for my own lawyers. If however he can only sue the bank and my name is added to the suit because im the new owner I would be ok with that.

I will find out Monday/Tuesday about the title insurance. Thanks for the help.
 

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