The cost of uncertainty

I showed a house this week in a modest but well-situated neighborhood. It had some problems, but mostly superficial– carpet, paint, appliances, and the like. Yet, even at a price below the comparable sales, it remains on the market. What? Uncertainty.

The property has been through a foreclosure, and as the tax records show, the bank holding the paper, Midfirst Bank, repurchased it. But this is a murky ownership situation.

At a sheriff’s sale, the buyer is not immediately given a full and clear ownership title the way they would in a normal real estate closing. Instead, the buyer typically receives one of two legal instruments depending on the state:

1. Sheriff’s Certificate of Sale (common in states like Minnesota)
   • This document shows that the buyer purchased the property at the sheriff’s sale.
   • It is not a deed and does not yet transfer full title.
   • The original owner still has a redemption period (often 6–12 months, depending on the type of property and state law) to pay off the debt and reclaim the property.
2. Sheriff’s Deed
   • If the redemption period expires without the former owner redeeming the property, the sheriff’s certificate is converted into a sheriff’s deed (sometimes automatically, sometimes requiring a filing).
   • The sheriff’s deed conveys whatever interest the debtor had in the property to the buyer, but it usually comes without warranties of clear title. That means the buyer takes the property subject to existing liens, unpaid taxes, or other encumbrances, unless state law says otherwise.

The property is being marketed by the owner who went through foreclosure, even though their right to the property is only through redemption. They would have to find a buyer to settle the full amount owed to Midfirst. This middle-ground ownership area makes the market uneasy. What if the bank wants more than the sheriff’s sale for fees and expenses? What if the property’s condition deteriorates between the offer and closing? Who will handle the repair? Will the title transfer be handled properly in the end?

Minnesota’s foreclosure rate is very low at one-half of one percent of the housing stock. So these sales are rare, and an investor will undoubtedly find it worthwhile to take on as a project. But in areas with insecure property rights and poor banking relations, the surcharge for uncertainty carries a hefty surcharge.