Developer sues lady after they accidentally built on her lot, someone pooped on floor

[HiloJulie]

This whole “redemption” period is full of confusion. 

First, from what has been reported, she acquired the property in 2018. The house was built in 2023. 

According to the property tax website, the redemption period lasts only one year. Further, it requires that the prior owner must make direct contact to the auction winner in that one year. 

Additionally, the prior owner can reclaim the property by reimbursing the purchase price plus 1% interest per month plus ONLY the costs to keep the title in good standing such as property tax or HOA fees etc. and is under NO obligation to reimburse for any improvements that have been made. 

I’m assuming that since the legal system is talking about the redemption period is that perhaps the original owner did attempt to buy back the property within the one year time frame, otherwise I don’t see how that could ever be enforced now since 5 years have elapsed since she bought the property at auction. 

(Please read last two paragraphs at bottom of page 1)

https://www.hawaiipropertytax.com/docs/T...stions.pdf

[Punatang]

I don’t see how that could ever be enforced now since 5 years have elapsed since she bought the property at auction. - Barney's Mom

That is how we mere mortals think and are guided to think but if it was that simple, if it's cut and dry,  if it's too late, why can't you get title insurance after 1 year?

Things that make you go hmmm.

[HiloJulie]

The title insurance issues are due to OTHER debtors who may or may not have filed a lien against the former owner and/or the property that post auction could come back and be pressed against the auction winner of the property. 

Post auction, there is no TAX lien against the owner or property since the in arrears tax has been paid by virtue of the auction. It’s OTHER debts the prior owner may have had that come out of the woodwork after the auction for which a title insurance company would normally be on the hook for. 

Further, some dipshit developer and fly by night contractor too damn cheap to pay for a survey, don’t fall under permissible rules that would allow them to claim a “debt” or even be able to file a lien against the former owner or current owner. 

And to be clear, I am Barney’s humble servant and NOT his mom!

[Punatang]

Thanks for those thoughts. That seems rational and if true should apply to any kind of foreclosure. 

I stand corrected on Barney  =)

[randomq]

We should all buy HPP properties, prep them for building, and then let the taxes lapse! Imagine getting a contractor built home *at cost* in this market! We can call it "fishing for listings"!

[kalianna]

Hereʻs a solution. Developer pay her $150K and she purchases this:
https://docs.google.com/forms/d/e/1FAIpQ...A/viewform

Asking $120K. The feng shui doesnʻt get any better than this.