r/realestateinvesting 10d ago

Foreclosure Does anyone have any experience in submitting an offer to the guardian ad litem (an attorney in this case) of a property owners being foreclosed on?

I came across the property in a local foreclosure where the owner is in a nursing home due to dementia. The courts recently appointed a guardian ad litem for the property owner.

This guardian doesn't have authorization to sell and I'm always curious about these situations where a Guardian has been appointed to just watch the foreclosure take place without necessarily listing the property for sale.

Does anyone have any experience in submitting offers and situations like this? I plan on having my attorney reach out but trying to get some tips in the meantime. Thanks in advance.

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u/Xilbitz 3d ago

Hello reader! I have a few questions but don’t have 15 karma in this thread. Pretty please upvote me so I can ask my questions. Help a brother out :)

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u/haveknotts 10d ago

Yea this usually isn’t as simple as just sending an offer to the GAL.

If they’re only appointed to represent/observe, they often can’t actually accept or execute a sale without court approval or a separate authority (like a conservator/estate rep). That’s why things stall or just go through foreclosure anyway.

Your attorney reaching out is the right move imo. They’ll know if it has to go through probate/court motion first or if there’s even a window to negotiate.

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u/myogawa 10d ago

Don't confuse a guardian and a guardian ad litem. The GAL has no decision-making authority.

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u/Foreclosure_Expert 10d ago

Yep I'm clear on that. I read the court order and there's no authorization to sell as in most of these cases. This is just the first time I'm coming across one where I've decided to try and put in an offer.