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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How can a sheriff buy a house at Auction for $1900 and

Customer Question

How can a sheriff buy a house at Auction for $1900 and change, on a house that had a $257,000 debt then transfer the deed to Deutsche Bank and Trust.. this does NOT seem legal or lawful. Cleary a Sheriff holding an auction and buying the property would
be a conflict of interest.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Check the transaction carefully.

What you describe more closely resembles the Sheriff conducting a foreclosure auction, with an authorized fee of $1,900.00. The mortgage holder (apparently Deutsche Bank and Trust) purchased the property at that auction using a "credit bid" where they bid the amount of the outstanding note.

This often happens when nobody bids greater than the mortgage amount and the deed to the property reverts back to the mortgage holder.

(The sheriff is not actually purchasing the property - the money the sheriff receives is their fee for conducting the sale).

Customer: replied 1 year ago.
I have a copy of what was received the clerk who handed the document to the homeowner said "I have NEVER seen one of these before this doesnt look right! Hold on to this ! " I have also seen many sales NOTHING like this until recent I have another one exactly the same.
Trying to redact the document to post here. This is the 2nd one I have seen in 1 month.
Wording on top says: Sheriffs Deed Know by all men.. That I, Richard P Keuerleber Sheriff of the York County, in the commonwealth of Pennsylvania, for and in consideration of the sum of ONE THOUSAND NINE HUNDRED FORTY-ONE AND 80/100 [$1941.80] dollars, to me in hand paid do hereby grant and convey to ***** TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-2
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Be cautious with deciding strategy based on "off the cuff" remarks by clerks or similar beauracrats - they do not provide the public with legal advice or strategy, and the document you refer to alone does not constitute the entire record of the trustee sale.

However, if you do suspect that the sheriff is engaged in abuse of office, contact local attorney promptly - trying to preserve your legal position (particularly with the sale of real estate) requires you to move quickly and decisively. At a minimum, you should get a legal consultation (you don't necessarily have to hire the attorney that you speak to).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).