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Todd H.
 
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Default Seller wants to cancel after agreement expires, buyer does not

"Ed Roberts Jr" writes:
Attornies are not typically used with home sales here in the West. In
fact, I even called an attorney a couple of months ago to represent me
at the closing. He said, in essence, the job wasn't worth it to him for
the small amount he could reasonably charge.


Call more attorneys. Call your realtor board and get a referral to a
real estate savvy attorney. You're starting to get into a situation
that's likely to escalate.

He also said that the escrow company has a duty to make sure that
everything is taken care of, and they're not going to up and flee
the country just for the amount of money they could get by not
paying off my loan.

This morning the buyer sent a man with a bulldozer out to clear the
creosote bushes off the property. I left a message with the escrow
company (it was pretty early) and called my lender, who told me the
loan was NOT paid off and they had no information about any impending
payoff.


I'd be calling the buyer immediately with that information above, to
cease and desist. Do it in writing if at all possible.

Then I might be calling the police then regarding trespassing, but
you'd like to avoid that if you hav eany interest in this sale
continuing.

If this sale hasn't gone through and those folks screw up your
property, you've got bigger problems then.

If my loan in fact does get paid off and I get the rest of the money
I'm not going to try to undo it, but until that happens I've heard a
lot of reassurances from this buyer with nothing substantial behind
them.


You've got a hell of a situation on your hands. It doesn't sound like
a good time to time to sit back and let it play out and see what
happens.


--
Todd H.
http://www.toddh.net/