Viral Colorado home listing warns buyers they must remove the ‘occupant’ living inside
A home listed for $215,280 in Colorado has gone viral after people noticed an unusual Zillow listing that bans home inspections and leaves the buyer responsible for evicting the current resident. The woman living in the house says she has no intention of leaving.The three-bedroom, two-bathroom home is located in Nunn, a small town about 25 miles from Fort Collins. The listing gained widespread attention after the social media account Zillow Gone Wild shared screenshots of it on X, formerly Twitter, where it received more than four million views.The listing clearly states that the house is being sold with someone still living inside. Buyers are not allowed to enter the property or carry out inspections before purchasing it. It also says the listing agent has never been inside the home and that the buyer will be fully responsible for taking legal possession of the property after the sale.”The ad is unbelievable, right?” current resident Tori McMechan told local station 9News. “Who would buy a house without seeing it while someone is still living there?”
A 15-year foreclosure dispute
Behind the viral listing is a long legal fight over foreclosure, mortgage ownership, and family tragedy. McMechan moved into the home in 2006 with her husband, James McMechan, who had bought the property four years earlier. James died in a car crash in 2010, making the home especially meaningful to McMechan because it was where they raised their children and one of the last major purchases her husband made before his death.According to the Greeley Tribune, James McMechan died in a single-vehicle crash shortly after police said he threatened several members of the Nunn town board with a knife. Around the same time, Tori McMechan lost her job as the town’s clerk and treasurer.”This is the last thing my husband bought for me before he passed away,” McMechan told 9News. “This is where I raised my children.” Financial problems began in June 2010 when the mortgage went into default. Weld County court records show the property has faced at least six foreclosure cases over the past 15 years. McMechan said that after her husband’s death, she tried to continue making mortgage payments, but loan servicers refused to accept them because the mortgage was only in her husband’s name.Over the years, the mortgage was transferred between several financial companies before ending up with Deutsche Bank National Trust Company.”We took out the loan on this house in 2006,” McMechan told 9News. “By 2021, the house would have been completely paid off.”McMechan later filed two lawsuits claiming it was unclear who legally owned the mortgage because it had been transferred several times. Both cases were dismissed. Last year, the Colorado Court of Appeals ruled that even if her claims were true, they were not enough to stop the foreclosure.
Occupant plans to fight eviction
The listing agent told 9News that despite handling thousands of foreclosed homes during his career, he had never listed a property that was still occupied.Real estate experts say buying an occupied foreclosure carries major legal and financial risks. In most home sales, the seller delivers the property vacant. In this case, ownership of the house transfers to the buyer, but the resident does not have to leave immediately. The new owner would have to go to court and file an eviction case to remove the occupant legally.Eviction proceedings can take months and cost thousands of dollars in legal expenses. Buyers also take on the risk of purchasing a home they have never seen, meaning they could face hidden structural problems, maintenance issues, or unpaid local charges.McMechan believes she still has legal options. She pointed to an October 2024 Colorado Supreme Court ruling that allows tenants, in certain situations, to request a jury trial during eviction proceedings. Such a request could delay an eviction for months or even years.Banks often sell foreclosed properties “as-is” and without inspections to avoid the time and expense of removing occupants themselves. By listing the Nunn home well below typical prices in Northern Colorado, the bank is effectively leaving those legal risks to the buyer.No matter who eventually buys the property, McMechan says she plans to stay and continue fighting to keep her home.”I’m staying,” McMechan told 9News. “They can come on in, but I’m not leaving.” Go to Source
