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Updated over 1 year ago,

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3
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0
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Serena Marie
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3
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Violation of HB2747

Serena Marie
Posted

Hello,

Firstly, I apologize this may be a little long.


I'm sorry if this is not the right place, I've read a few times on this forum about others going through something similar. I am not a seller, but a desperate and very scared (Daughter of the home Seller) I cannot seem to find an attorney that wont charge an exuberant fee just to get a consultation, and I don't know how to help my mother. She is worried sick. If anyone can give me some insight on how to handle this? We want to write a statement to the  Investor to release the Cloud but I'm afraid it will make things worse. She works for the Attorney General and I feel took advantage of my mother who is a senior citizen on welfare assistance in a very vulnerable time .  This is a copy and paste to what I've been writing lawyers and anyone I feel can give me a little direction (no response from any of them) Thank you again SO much for any input and your time. 

I do believe this is Fraud by Inducement due to all all the misleading lies we were told as well as no disclosure that they were whole Salers.. 

I can provide a copy of the contract if anyone would like to see it. Its very short, does not include anything about a Cloud memorandum. Just a half a paper. 

---

I'm seeking some direction for a situation I am currently dealing with.

I am reporting a violation of AZ HB2747.

My mother signed a contract for sale with a company and the representative did not disclose that this contract was to be “wholesaled”, neither verbally nor in writing, pursuant to Provision 1.

The contract was originally scheduled to close February 12,2023, but we did not receive a copy of the  sale agreement that my mother signed until February 9, 2023. We asked many times for a copy of the contract but we were given the run around  - (I do have this all in text and proof)  and that is when it came to light that this was a wholesale contract.

At that time the buyer also indicated that there was no money escrow account, and I would be paid “sometime after the 12th”, This was after she promised a check would be hand delivered to my mother on February 12th from the title company (Which was a red flag since that was on a Sunday) 

The company also had people coming to the house to look at things, saying they were "Partners" but in fact they were potential people interested in purchasing the house, but we were lied about who it was and were firmly told not to talk to anyone brought to the home at all...It was very misleading. 

When I notified the company that my mother is invoking provision 2 of HB2747 (cancelation of said contract), I was threatened that a cloud would be put on the title of my home, in Glendale, AZ 85304

I have recently learned that a Cloud Memorandum was placed on my home on February 10, 2023 (before the closing date).

Please let me know how to proceed to protect my mothers property rights as owner. My name is not on the title, however my poor mom doesn't know what to do and neither of us have much money, I am pay check to pay check helping her with her expenses currently. I am besides myself and do not know what to do.

Thank you again for your time. 

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