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Tricia's Move

10 years ago

First of all - I am happy to hear you are well enough to be spitting tacks!

Do you absolutely "have" to have this house. I don't know the laws in your area but in Minnesota you could walk away if something like that was disclosed after the offer was made.

Good luck,
Teresa

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Comments (5)

kitchendetective
10 years ago
Triciae,

You've had enough to deal with! Personally, I would be looking for another house. But that's me. How imperative to you is it that you purchase this particular house? Since I know nothing about that market, the specifics are unknown to me. However, and you probably already know this, if you were to up the offer to cover the lien, the offer would have to be amended to reflect that at closing the lien would have to be paid off simultaneously with the closing, so that the seller could not retain the increase in the sale price. I wouldn't up the offer unless the house's fair market value reflects the total amount or something within a small percentage of an increase over that--and that increase would have to reflect a value to me that I would be willing to pay in virtue of one or more features that I absolutely could not replace with another house. I do not know if attorneys are involved in transactions where you are, but I would want one. I do not know whether the IRS moves immediately to remove liens on property once the lien is paid, but I would be worried that the lien will persist after transfer of the property. Anyway, these are some of the issues that come to mind. Is there not enough seller's equity in the house for the seller to pay off the lien at the existing contract price?
triciae
10 years ago
Hi folks,

There's insufficient proceeds after the 1st mtg is paid off to cover the tax lien. So, there you have it. He can't close and deliver clear title on his own. He needs either his lender or the IRS to give ground, or get a personal unsecured loan to cover the differential. Apparently, he does not have cash to just pay it and be done with it. Of course, the interest/penalties now equal more than the unpaid taxes.

We are not going to wait around to find out what he wants to do. The time frame on our offer has passed so it's now null and void.

We're looking at other houses but our criteria is tough for the area. Foremost, it needs to be close to DS/DDIL. There is another house we are investigating as I type...totally what we said we DID NOT want. Built in 1810 (that's NOT a typo) and on 10 acres with it's very own CEMETERY surrounded by rock walls/iron gate. We'd have to maintain the cemetery (maintenance requirement is right in the deed) - probably about 30-40 graves. Anyway, this place would require a handicapped bathroom redo and unsure how much of that we are willing to tackle under the circumstances plus it would delay our moving. Other than this 1810 oldie but goodie - there's nothing on the market that remotely suits our needs. :(

DH is an attorney and we both spent our careers in real estate lending so we're comfortable with the details - just mad nobody told us before putting in an offer.

/tricia
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John Liu
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Most autoimmune conditions I know about are aggravated by stress. Don't let a house stress you out. Please!

(And yes, I'd have walked from that one too. It needs to be a short sale.)
dedtired
10 years ago
OMG, Tricia that 1810 sounds like so much work, although I would love to own a cemetery (although not care for it so much). Are you really up for all that work? I'd think after all you went through in Mystic that you'd be looking for something where you could just walk in, unpack and be ready to go. I realize it's awfully hard hard to find a place like that.

Maybe once the weather is a bit more spring-like, other places will come on the market. What is your time frame?
rob333 (zone 7b)
10 years ago
I'm glad it's null and void now. Sad you didn't get the house though. Ah, a better one is coming. Surely? Well, I'll hope a big hope for y'all!

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