Foreclosure property?
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Are you aware that it is a bidding process? I would get someone who knows how to handle this type of transaction, whether it be a real estate attorney, or a Realtor knowledgable in auctions. You could deal direct, but it sounds like you need guidance and you won't get it from the plantiffs lawyer.
Get a lawyer on your own, the sellers lawyer is working in the sellers interest, not yours.
Unfortunately no you can't do what you said.
You need to understand that the master of sale was appointed by the court, the court has already ruled that the property is to sell at the court house steps.
The only way to stop it would be for the plaintiff in this case the lender to file a motion to set aside the order to sell in view of any agreement that the lender has made with the defendant (former owner) to sell the property to others in direct contradiction to the existing order from the court.
So you would need an agreement from the plaintiff and the defendant on the foreclosure suit to allow you to purchase the property and then such agreement must be approved by the court and the order to sell by the court must be set aside.
Most buyers like yourself go to the lender and acquire a subject to agreement to purchase prior to the sale for a pre-determined amount if no one else bids on the property, this allows the lender's representative to allow the bid to go to the party with the subject to agreement or to any one who bids above that agreement.
If you do not follow through with the agreement the lender's representative merely bids what is owed to the lender and presents the debt and the court order as the consideration for the bid.
Buena Suerte
It depends on how far along the process is and the specific details for the state.
If the auction date has been set some states still allow the owner to sell up until hours before the auction. In other states the cut off is much earlier.
It will not cost you much to hire a lawyer to see what can be done legally. Assuming the seller is still able to sell you would need to have an agreement with them and to make sure the title is as you expect (no other liens that need to be addressed). Work both sides at the same time. Get an agreement from the seller subject to verification of the status. Find a lawyer and have then check the seller's right to deliver on the agreement.
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