Occupant included: How to buy a home when the owner won’t leave

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A US foreclosure listing went viral recently because it comes with an unusual catch: The owner is “included.”Located at 408 Garfield Ave. in Nunn, CO, the $215,280 (AUD $306,000) property is being sold sight unseen. Buyers can’t view, inspect, or access the home before purchasing it.A woman who refused to leave her home when the bank came knocking is now part of the deal when it eventually sells. Picture: SuppliedThe reason? The owner — a widow who’s lived there for about 20 years — is actively fighting the foreclosure and intends to continue living in the home.And yet, the outlook is the property will sell regardless of the unusual circumstances.“The house will likely sell. A price is wrong until it is right. The deal is moot only if the legal fees, carrying costs, and repair risk exceed the discount, and for most families, yes, they would. But there are investors who do nothing except buy occupied litigated properties, and for them, this isn’t such a long shot,” says Luciano Oliveira, licensed lawyer at Oliveira Lawyers in Frisco, TX.Oliveira explains that the foreclosure has been through the appellate courts, the sale was judicially authorised, and the remaining fight is essenti...

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