I did title to a real estate development with what I think might be a bad foreclosure deed. Instead of conveying the "premises as described in mortgage at book/page"; the f/d recited a conveyance of "development rights", which,as I understand them, are only contractual rights. I ran the f/d owners as grantees & found no additional deeds to them from the prior owner.
The newspaper tear sheets were accurate as to the description of the property (condo complex) and the rest of the foreclosure documents were fine.
The possession/entry took place in 2011, so vesting title in the grantee at the foreclosure sale would be good in 2014; and I am pretty sure that is what the parties are going to rely on; rather than getting a q/c deed or even a release deed from the prior owner.
To make everything ginger peachy the foreclosure was a cash deal & there was no owner's policy issued at the foreclosure.
So, my understanding is that if the foreclosure deed is a nullity due to a possible failure to convey a fee simple interest in the property covered by the mortgage; then title would remain in the hands of the first developer; subject to the mortgage; with the entry/possession vesting title in the new owner in 3 years from the date of entry.
My question concerns bankruptcy. If the original developer filed for bankruptcy between 2011 (entry) & 2014; would the property be subject to the bankruptcy court's purview? If that is true; then would subsequent conveyances be void due to the lack of approval from a bankruptcy court?
I have no idea whether the original developer filed for bankruptcy, those records are not available to me and I am posing this a just a question of general interest - not looking for any hard & fast answers. I am just a cog in the machine, and I find oddball conveyancing problems interesting.
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