Foreclosures
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Updated over 7 years ago,
property about to be foreclosed due to seller fraud
bought a short sell back in Jan 2017 using all cash 175000 plus all other short sell fee and closing expense. Title has been transferred to me not long after the closing. I immediately rehabbed the house to where it had no major issues and corrected all inspection findings and successfully rented the house out in Feb. Then came in the 2nd week of Feb, I was informed by our title company that the bank refused to accept our fund because apparently the short sell was not approved by the bank. It appeared that the seller side ( don't know whether is the agent, the seller, or the short sell processor) has frauded the approval letter to have this deal go through between the buying and selling title company and the deed was recorded. However, since the price we paid for was the same as the last person that the short sell was approved for, the bank seemed to agree to work with our title company to do extra paperwork and somehow have this deal closed, but going to a more lengthy process.
So over this time until now, I kept managing my property my tenants, paid whatever bill and expense I need to keep the property up and repaired. On April 25, I was told on the phone by my title company that the bank did not want to do the paper work route anymore, instead, they want to foreclose on this house because the bank thinks there is too much fraud going on.
For me, I did not want to bother getting a lawyer and tried to fight with the bank over another long legal battle to get the house bank. I am fine with the bank going forward foreclosing on this house even though I am no fault at all. I followed all legal procedures to acquire this property, and all this happening is because of a paper work fraud committed by the selling side.
So I requested the title company to refund all my money and other cost to purchase the house.I also generated an itemized list that summaries every costs that I have incurred managing and running this rental property as well as include TBD numbers for renter's move out compensation and property appreciation. The title company will filed my emitted list toward my tile insurance claim.
If the title company and title insurance can cover the loss I specified, I probably would let this go and pursued no further action once the house was foreclosed. If my request not met, what should I do next ?
All my friends told me a case like this is an easy win for any real estate attorney, do you think I should bother to get one ?
I am just quite stunned at this point. I wold appreciate someone who can give good advice or even know some real estate lawyer that can help. I resided in St. louis MO.
Thanks
Rick