i am holding the mortage on asmall family operated motel, sold a year ago,to a young man who used it to traffic math. fbi bust. in federal prison. no payment in one year. forfiture hearing in oct. I thought he got money for down payment from inheritence from grandmother. i want motel back and have written letterto attorney general requesting this. he has made thousands of dollars in improvment to this property and the authorities believe it was with drug monies. i do not have an attorney because i feel they can do what they want with me, which is pay me off or give it back to me. i was not able to foreclose because the fbi put some kind of a little paper against the property so it couldnt be moved out of the owner name. do you think they really want this property when they have much already, then does it go up for auction, how much on the dollar does it get at auction, can i bid on it, do they get an appraiser in and at what stage
State/Country relating to question: North Carolina
talked to local attorney who wrote letter telling them i wanted property back
You wrote:I was not able to foreclose because the fbi put some kind of a little paper against the property so it couldnt be moved out of the owner name.Please clarify that. Did the FBI record something with the County Recorder? Has the US government filed a forfeiture case?Please decribe the paper from the FBI, I'm not sure what you are referring to.
I just spoke to the court house and they said an 'lis pendens' was filed on aug 2011 at that time it was in the hands of the fbi, then turned over tothe federal marshals. the us government has a forfiture hearing. oct 3rd. This property is on a main artery coming into the smoky mountain and i own the adjoing property which was the the restaurant, but now leased to a church, has a large parking lot and good traffic. You can u7nderstand why i would want the property back
The lis pendens does not prevent you from filing to foreclose. It sounds like you need to foreclose and may need to intervene into the forfeiture action to protect your interest in the property.The buyer defaulted so you can foreclose. You were not involved in using the property for illegal activities, but the government can forfeit your interest in the property and it will do so if you do not get an attorney.You can get a free consultation from some of the real estate lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Real-Estate-Law/North-CarolinaI hope this information is helpful.
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