This house comes with a built-in lawsuit
The occupant won’t leave without a fight.
• 3 min read
A home for sale in Colorado has racked up over 4.3 million views on Zillow Gone Wild—not because it’s shaped like a spaceship or filled with taxidermy, but because its previous owner is still inside and refuses to budge.
Her name is Tori McMechan. She bought the property in Nunn with her husband in 2006. After he died in a car crash, the home went into foreclosure, which she fought in court but lost. She says any new owner will need to evict her, which could send the case right back to court.
Listed for $215,280, the property is being pitched as an “affordable investment opportunity” at a price so good, “if you blink it will be SOLD.” So why has it sat on the market for months? The listing agent refused to comment, but investors had their theories.
“You’re not just buying a house. You’re buying litigation where the person inside has a reason to make your possession as slow and public as possible,” says Jacob Simpson at Consistent Homebuyers. Beyond legal holdups and fees, “The cost people underestimate is carry: taxes, insurance, utilities, debt service and deferred maintenance.”
Buyers might also struggle to find a lender and title insurance, according to Alex Rodino, a Realtor at The ARC Platform/Keller Williams in Savannah, GA. “Would I buy this house?” he says. “Personally, no.”
How to price an occupied property
But not all investors would steer clear.
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“At the right price, the headache is the opportunity,” says Daniel Amodeo at Amo Realty, who might bite for $150,000. “That’s enough of a discount where I could potentially absorb legal and carrying costs.”
“Buying it isn’t a mistake; it’s buying at a price that works only if the occupant leaves quietly,” adds Simpson. “Underwrite the worst case, and if it still works, it’s a deal. If it works only on the optimistic path, it’s a gamble.”
And forget the courtroom: The fastest way to get someone out of a house is to understand what’s keeping them there in the first place.
“The person inside usually isn’t refusing out of spite. They’re overwhelmed or can’t afford to move,” Simpson explains, adding that he has coaxed occupants to vacate by offering cash for keys, typically $2,500 to $5,000. “If what’s stopping them is a rental deposit and a moving truck, these solutions are faster than a court date.” He’s not sure, though, if this occupant would take the deal. “If her goal is the courtroom, no amount of relocation money changes it.”
Rodino agrees: “Somebody who feels steamrolled will fight to the last available motion.”
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