Pending Home Purchase
hartcm08
5 years ago
last modified: 5 years ago
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hartcm08
5 years agohartcm08
5 years agoRelated Discussions
House Pending...Owner Won't move by due date
Comments (13)"A foreclosure is not nearly the same as a previous owner not vacating as required under the contract. At that point they are simply tresspassing." I disagree. After a foreclosure, the borrower is supposed to be out of the house, as they no longer own it. If you buy a house and close on it, the old owners no longeer own it. In that way, it's the same. The only way that the woman has any legal standing to the property after closing is if there is a lease in effect. Let's assume that she does not. You cannot just show up on her door and kick her out because she's trespassing. She lives there, whether or not she has legal standing to do so. You must then go through eviction proceedings to get her to move. Most of the time, sending a Notice to Vacate is enough to scare the heck out of someone because they know that they shouldn't be there anyway, however, if they don't leave, you then have to continue with the eviction process laid out by statute. All of the states have different rules. This is why it is imperative that the OP speak with an attorney regarding this mess. The OP cannot assume that they can force this woman out without due process....See Morestill for sale? or offers pending? anyone?
Comments (60)I guess I never really told you all that my house did actually sell. My story: We put our house on the market in SoCal in August because we were moving to Oregon. 6 days later we had a good offer, we signed the papers and then found out my DH's mother was in emergency care in Maine and we had to jump on a plane and get there. Stayed there for a week (MIL was critical but improved greatly) and came home to find that the buyer had disappeared. He wasn't returning calls, his agent couldn't locate him. Finally the buyer said he'd changed his mind. We lost the earnest money ($3k) because of the 17 day no-strings contingency period in CA. Put the house back on the market. DH moved to Oregon in late September while I stayed to continue at my job and to sell the house. We reduced the price and the next offer, in mid-October, gave us $27k less than the first - ouch. We bartered on the closing date and a few other things, their inspector did a very CMA report and the buyer asked for ridiculous amounts of repairs & updates (this was a 1958 small tract home), we said no and did the few actual repairs needed. I faxed to our agent all the repair paperwork but the buyer's agent never said if this was satisfactory. Closing was supposed to be Nov 15 but the buyer's agent kept messing things up and delayed getting the loan papers in to the escrow company. Every day he told them he'd have the documents the next day. I finally moved out of state on the 18th not knowing if the sale was going to go through or not. It was almost as if the agent was working against the sale ... During the last week when it looked as if the other agent was messing up the deal, my agent put the house back on the market. That seemed to make the other guy straighten up a bit - he was about to lose a $19k commission. I spoke with the escrow company rep who said she'd never seen anything like this transaction before. She called in some favors and pushed the papers through the title company asap when they were finally all in because she also wanted to get it over with. It closed on Nov 21. Since the buyer failed to close on time we could have called off the transaction or continued with it and kept the items we'd offered as incentive for the Nov 15 close (w/d, refrigerator, patio furniture) - we didn't want to cancel the transaction and we didn't want to keep those items as we were moving so we went ahead and just left them. The sales contract stipulated that we had 3 days to occupy the house after closing. We moved out earlier because we'd already made the moving plans and were ready to go. Wednesday the 15th was chosen because that would give both families a chance to get to their new homes for Thanksgiving. Since the close actually happened on Tuesday, 2 days before Thanksgiving, I don't know if the buyer was in the house for the holiday or not. Too bad if they weren't - but it was their agent that was holding up the process, not us. It was a true Thanksgiving Day for my DH and me, even though we're living in a small rental apartment and ate turkey at a restaurant instead of cooking for ourselves. But we were so thankful to have the deal finally done. That 5 weeks of waiting for the escrow close were so stressful - if the deal had fallen apart, I think I would have too!...See MoreMunicipal help for pending foreclosures
Comments (3)Most likely, the legal doctrine of sovereign immunity would protect the city from suit under these circumstances. At common law, a governmental entity could not be sued. Period. However, many exceptions have been carved out by statues and also judicial determinations. For example, you can sue a city for damage caused to you and your vehicle because of the city's failure to properly maintain a road if you can prove that the unsafe condition caused or contributed to the accident. Another example is a suit brought against a city for violations of Civil Rights statures, which explicitly authorize such suits. Or the government may waive immunity in certain areas, such as medical malpractice committed at the city hospital. It's a very complex area of law, so it's hard to make broad generalizations. But off the cuff, giving homeowners advice on how to save their houses doesn't strike me as the kind of activity that could trigger lawsuits. Besides, I'm quite sure the city got a legal opinion on this issue before they set up this program....See MoreSale Pending Contract has terminated and accepted my offer.
Comments (7)You have a lot of variables. Underwriting from the lender (getting your loan officially approved) usually involves uploading several documents such as pay stubs and maybe even tax returns. Then once you get those documents in, it depends on how busy the lender is at that moment. June is prime-time home buying season, so they will probably be busy. It could take a day or two, or it could take longer. Even assuming the inspection part has no problem, you then have to get past appraisal, which is another big hurdle. Basically when it comes to buying a house, you don't relax until you're holding the keys. As for whether the seller can keep two buyers going, it would not be very ethical, but it does happen in some situations. I've heard stories of a buyer who made it all the way to closing and then a cash deal at the last minute came along so they lost the house. This depends on the city where you live, the reason why the house is for sale, etc. Foreclosures and estate sales are particularly brutal. The house is not yours until you're holding the keys....See Morehartcm08
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