Forclosure And The Durrett Rule

It's probably happened to you...the dreaded... BANKRUPTCY TRUSTEE!
Folks learn that you know something about real estateShortly after the original homeowner lost his house he
investing and they eagerly ask you about buyingfiled for bankruptcy. The wheels of the bankruptcy
foreclosure property.court grind slowly and the trustee just recently learned
The general assumption is that they can buy athat the house had been sold at the auction.
beautiful home at a deep discount at a foreclosureAnd... The foreclosed upon owner had a nice hunk of
auction.equity in the home when he lost it. Uh oh.. get ready for
Their smiles fade when you explain that they will havethis. It is trustee's job to capture that equity so it can be
to pay cash on the spot and they must be able todistributed among the bankrupt home owner's
research title to be sure they aren't buying trouble.creditors.
But wait... there's more... There is also a little somethingCan he do that?
called the "Durrett Rule".Yes! Under the power granted by The Durrett Rule
Oh boy... can that be a like a knife in the back. Forthe trustee can show you the door and claim the
example: You spend the time and effort scouting out ahome in the name of the bankruptcy court.
nice home scheduled for foreclosure auction. YouYou, see the bankruptcy court has more power than
search title and scare up the cash to have in yourEdison Electric. It can do about anything it wants when
pocket when you go to the sale.it comes to assets and creditors.
Hurray... You have the winning bid at the foreclosureOh sure, months later, after a battle in the bankruptcy
sale and buy the home at about a 40% discount tocourt, you should be able to recover the money you
market value. After doing your happy dance youpaid for the home. Of course... no interest is paid on the
spend the next few weeks doing needed fix up. Thenmoney for the time it is tied up in court and you will not
you find a renter and settle back to collect rents forbe able to recover the attorney fees needed to get
the next few years.your money back.
But wait! Who's that knocking on the door.Buying at foreclosure sales is not for sissies! Stick to
Why it's a nice man who says he is taking the homean easy money tactic... buy in the preforeclosure
away from you. Who is this pretentious devil? He isperiod with this system.