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Updated about 7 years ago on . Most recent reply

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46
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11
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John Jackson
  • Amherst, MA
11
Votes |
46
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Foreclosure and Under Contract

John Jackson
  • Amherst, MA
Posted

Does anyone know, can a house legally be on the market, or put on the market, if foreclosure proceedings have begun against its owners?


When a realtor puts a house under contract (that's for sale), does or can that have the legal effect of halting foreclosure proceedings against its sellers, by their lien holder?

Would it be illegal for a realtor to put a house in a status of 'under contract', if there wasn't really a legitimate contract signed for it?

Are these kinds of contracts strictly confidental information, that only a court can order to be produced, for investigation?

Does a realtor have to take a deposit in order to put a house for sale under contract?  Is there any specification for the amount such a deposit must be?  Does the deposit money have to be placed in escrow?  If it does, is the history of that handling of the deposit money records that only a court can order to be produced for investigation?

Are there professionals out there who specialize in investigating real estate deals that have concluded, when an outside party suspects things done in the deal may have broken ethics, rules, or laws?  If so, what are those professionals referred to as, and how do you find them?  Would it be a specialty attorney?  A private investigator?  A banking industry regulatory organization?  A real estate industry regulatory organization?

For any who remember the last thread I had a question in, yes, these are still questions stemming from the same property as in that discussion.  I've concluded that no, there doesn't appear to be any direct basis for me to pursue trying to get that sale and mortgage unwound.  And because of that, I have no more expectations that I have a chance at getting that house right now, at all.

What I'm considering now is whether or not the realtor who conducted the sale did do anything wrong.  If he did, I will see what I can do to have him held accountable.  I'm sure I'll get some responses here that denigrate that as revenge seeking.  Hardly.  If you don't think wrongdoing should be punished whenever possible, then you're probably someone who wouldn't be against wrongdoing if you found it would help you accomplish something you otherwise would be prevented from accomplishing.  And it's exactly that kind of attitude that supports and sustains future wrongdoing.  I support actively holding wrongdoers accountable, whenever possible.  It would make the world a better place for everyone.

Most Popular Reply

User Stats

17,478
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30,164
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,164
Votes |
17,478
Posts
Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

Does anyone know, can a house legally be on the market, or put on the market, if foreclosure proceedings have begun against its owners?

Yes


When a realtor puts a house under contract (that's for sale), does or can that have the legal effect of halting foreclosure proceedings against its sellers, by their lien holder?

No

Would it be illegal for a realtor to put a house in a status of 'under contract', if there wasn't really a legitimate contract signed for it?

No

Are these kinds of contracts strictly confidental information, that only a court can order to be produced, for investigation?

Yes

Does a realtor have to take a deposit in order to put a house for sale under contract?

No

Is there any specification for the amount such a deposit must be? 

No

Does the deposit money have to be placed in escrow?

If a deposit is taken, it is placed where both parties agree unless state law states specifically where it goes.

If it does, is the history of that handling of the deposit money records that only a court can order to be produced for investigation?

Yes

Are there professionals out there who specialize in investigating real estate deals that have concluded, when an outside party suspects things done in the deal may have broken ethics, rules, or laws? 

Not unless you are an affected party with damages related to transaction

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