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34
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Maximiliano Rodriguez
  • El Paso, TX
4
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34
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Suit for Breach of Contract, specific performance, and Trespass try Title

Maximiliano Rodriguez
  • El Paso, TX
Posted Jun 17 2024, 18:56

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?

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Jay Hinrichs
Professional Services
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  • Lender
  • Lake Oswego OR Summerlin, NV
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Jay Hinrichs
Professional Services
Pro Member
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  • Lender
  • Lake Oswego OR Summerlin, NV
Replied Jun 17 2024, 20:13

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

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Eric James
  • Malakoff, TX
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Eric James
  • Malakoff, TX
Replied Jun 19 2024, 09:28

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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Chris Seveney
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  • Investor
  • Virginia
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Chris Seveney
Pro Member
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  • Investor
  • Virginia
Replied Jun 19 2024, 10:37

@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