Auction Rescission


#1

Today I purchase a home at the courthouse sale for a very good price. Later in the day, the trustee office called to tell us that the sale had been recinded. The house is abandoned. Can we successfully sue for specific performance and on what basis…?


#2

First - Ask/demand the reason for the rescission. Some people have been successful in getting a Deed issued or damages. First hand example - i bot property a couple years ago. There is a person in that particular county who likes to “foul up” other bidders by various means. In this case he had sent a copy of a BK. filing w. someone w. a similar name to the lender. The clerk at the lender’s office thought it was legit - so they returned my money. I then had to point out the so called bankrupt never listed the property in his schedules AND the bk. was recently dismissed. I got the Deed. (I, of course, did send the check back to pay for it!) .


#3

miketh, do you mind saying in which county you encountered this person who likes to “foul up” other bidders by various means? More generally, I’d like to hear from you (and anyone else) about other kinds of attempted interference by anyone before, during, or after the auction (perhaps I should post a separate topic with that question).


#4

We are only 99% certain this person has done this sort of thing several times in the past few years. There is really nothing to be gained by us spending any time on this. In the case I outlined the real owner had already let other properties go w.o. a bk. ever being filed - so it was obvious something was fishy.