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User Stats

34
Posts
4
Votes
Maximiliano Rodriguez
  • El Paso, TX
4
Votes |
34
Posts

Suit for Breach of Contract, specific performance, and Trespass try Title

Maximiliano Rodriguez
  • El Paso, TX
Posted

I am Buyer A, who purchased a house requiring extensive repairs from Seller Z. The deed is currently under Seller Z's name, though there is a purchasing agreement between us. After the house was repaired, Seller Z refused to honor the purchasing agreement. As a result, I have sued Seller Z, and the case is currently being heard in Court of Law Number 3. The lawsuit includes claims for breach of contract, specific performance, and trespass to try title, and the case is registered in public records.

Additionally, the lender has initiated foreclosure proceedings on the property due to Seller Z's default on payments.

Is there any action I should take as Buyer A?

User Stats

41,786
Posts
61,554
Votes
Jay Hinrichs
Professional Services
Pro Member
#4 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
61,554
Votes |
41,786
Posts
Jay Hinrichs
Professional Services
Pro Member
#4 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

your doing what you should be doing suing for performance.. the wrinkle is the lender foreclosure

User Stats

2,237
Posts
2,450
Votes
Eric James
  • Malakoff, TX
2,450
Votes |
2,237
Posts
Eric James
  • Malakoff, TX
Replied

I sued for specific performance in TX. It took about a year before I got the property signed over to me. I think you need to discuss the foreclosure problem with the lawyer that's handling your suit for specific performance.

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User Stats

16,729
Posts
14,251
Votes
Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
14,251
Votes |
16,729
Posts
Chris Seveney
Pro Member
#2 All Forums Contributor
  • Investor
  • Virginia
Replied

@Maximiliano Rodriguez

How did you purchase the property and not have deed issued in your name? Was it a contract for deed?

Did you record the cfd (assuming that’s what it is)

How much did you put for down payment?

Were you aware of the mortgage and how much was owed? (Ie did you run title when purchasing this?)

As mentioned you are suing which is what you need to do, curious to see how it got this far

  • Chris Seveney