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All Forum Posts by: Sahara Faughn

Sahara Faughn has started 1 posts and replied 3 times.

I've read through everything everyone has said, as well as carefully reading through the sales agreement and the final closing papers (that I did not sign but requested from the title agency)... I may be wrong in my understanding of the real estate code of ethics outlined in the Arizona state statutes, and everything else I've read regarding real estate transactions, but as far as I understand it the original agreement to sell is null and void due to the nondiscolure committed by the real estate agent/broker first in the fact that he signed the agreement to sell as the buyer, misrepresentating himself as the agent and stating he had a buyer/investor and Secondly because the agent involved should not sign in representation of the buyer but may only accompany the buyer to the signing (it was done through docusign, I signed first and then was notified that the buyer had signed and downloaded a copy, I didn't look at who the buyer was until just last night). Secondly, he again did not fully disclose everything and was pushing for the signature on the final closing documents, in them he has 2 seperate title agencies involved as well as a third party construction company listed as the policy holder for the insurance for the home, and the figures for sale are different from those on the sale agreement document that I did sign, with clauses included that state if the title is not free and clear that the buyer has the right to sue me for insurance purposes and to cover the silent second mortgage that I was only informed of because the title agency called me to say something was up after arranging the notary to come to me to sign the final documents (at which point I said no and had a copy of the closing documents emailed to me), and again the so called real estate agent negotiating the transaction is listed as the buyer (under the guise of being part of ushomebuyers.com, same as the agreement to sell). 

@David Randolph - my use of the word "threatened" is in regards to the statements made by, as at the time I understood it to be, the real estate agent negotiating the sale to inform me that I could be sued and a lien placed because I was refusing to sell, which would mean that either I agree to sell and put my children on the street or I refuse and they will sue to take possession and I would still put my children on the street, I took that as a threat to the well being and safety of my children, legally it may not be a threat, ethically and morally, it is to me. And then to be scolded over how I "mishandled" my mortgage for 4 years during covid-19 and resulting other medical issues, which now looking at it, seems as if it was meant to shame and guilt me into thinking I had no other option. 

As of this morning I have filed a complaint with the attorney generals office and provided both the agreement to sell as well as the closing documents. And informed them of the 453 other real estate related documents that he, his business, has filed with the state in case this is not the first time he has done this. Because honestly, at one point, I considered his offer and was afraid of the possibility that if I didn't accept I'd be taken to court and be responsible for putting my children on the street, and I can see those types of scare tactics and resulting emotions being enough to scare someone into complying with a transaction no matter how laden it is with misrepresentation, non disclosure and fraud it could be.

Again, I don't know if I misunderstood the laws and regulations or not, I could be wrong. And I thank you all for your time and advice. 

Thank you all for your advice. 

Newest update is that the buyer is threatening to sue and place a lien on the property. They are insisting we sell and be out within 24 hours.

I am currently in Preforeclosure with a scheduled auction on August 20th, and I am under a special forebearance due to medical issues and having 2 small children under the age of 7. I found a buyer for my home, got a payoff statement from the mortgage company stating the payoff was $247,000 (principal at $233,000 + fees and charges), the buyer was willing to pay $271,000. I signed a commitment to sell based off of those figures. I also found somewhere to relocate my family, the seller has taken the property off market and agreed to wait for cash until I receive the funds from the sale, with a post possession 5 days out from closing. The issue presented itself about 30 minutes before we were scheduled to sign and closed the sale yesterday, HUD showed up with a partial claim that I received during the COVID-19 pandemic which brought the closing amount to $289,000, thus putting everything upside down, no cash from the sale and I would owe money. I have reached out to the mortgage company, the agent I spoke with said that the payoff is non-negotiable, I asked to speak with a supervisor and am waiting on a call back. I have contacted a HUD counseling representative and am also waiting on a response from them. From everything that I have been able to find, HUD does not forgive or back down, my mortgage company so far appears to be unwilling to back off the price, I doubt the buyer is willing to come up on their offer and I feel I am faced with 3 options: 1) I let the sale proceed and end up with no money, owing money, and no where to go, 2) The buyer proceeds to sue for the property because I signed a commitment to sell, I will end up with no way to relocate my family and nowhere to go, or 3) the home goes to auction and again, no way to relocate and nowhere to go. Is there any way to get PennyMac to lower the payoff amount, at least to just the principal amount, enough to cover the partial claim, satisfy the mortgage lender and be able to afford to relocate my family (I only need $7,000 to $10,000 to get a vehicle/uhual and move my family, and that includes the new place)? Is there a way to defer or waive the HUD partial claim? Is there anything I can do, the home is valued at $356,000 however it needs some repairs so personally, I'd put it closer to $290,000 to $300,000. I've considered a short sale, but am under contract, I think, with a buyer already due to the commitment to sell document I signed... And I've considered a deed in luie of foreclosure, but that would leave me under to relocate as well. Please any help or advise would be greatly appreciated!

Thank you