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Updated over 11 years ago on . Most recent reply

User Stats

174
Posts
14
Votes
Savannah Leigh
  • Real Estate Investor
  • scranton, PA
14
Votes |
174
Posts

seller didnt disclose mortgage. deal fell through. recovery of costs/

Savannah Leigh
  • Real Estate Investor
  • scranton, PA
Posted

i had contract to purchase a 2 unit for 21k that needed only paint/carpet. our area is full of em

title search revealed a 30-something k mortgage.

seller cant / wont repay

how do i collect damages, and what do i ask for

i am thinking at least 1 grand....500 title search and 500 other stuff

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
Votes |
6,037
Posts
Account Closed
  • Investor
  • Central Valley, CA
Replied

Are you sure the mortgage hasn't been released? Just because it's on the title report, doesn't mean it's open. What does the seller say about the mortgage? Old mortgages that were paid in full but not released show up on my title reports all the time. Sometimes they are easy to get released and sometimes not.

My title and escrow companies don't charge me for title reports on cancelled escrows (but they would if I made a habit of canceling), so there would be no damages. They just need the seller to sign the cancellation in order to release my earnest money.

Again, what does the seller say? If the lien is old and was paid, you can probably save the deal. If the lien is open, find out what's going on with it.

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