It's no deal, but you have another issue, you can't agree to a financing contract and assign it to a buyer without the seller's consent, they have the right and obligation to underwrite that borrower before it closes.

If they released your money to you without the sellers consent, they then become a target for the seller.  

The Solo 40IK Solution A Solo 401k Plan offers a self employed business owner the ability to use his or her retirement funds to make almost any type of investment, including real estate, tax liens, private businesses, precious metals, and foreign currency on their own without requiring custodian consent tax-free!

You could negotiate with the superior lien holder by contacting the previous owner and have them sign a consent form.

The relationship from Orange County Title to Landsafe sounds like it is simply escrow agent to title agent, perhaps the comment from the listing agent is simply incorrect.It is true the escrow agent can not just simply send you your money back without the consent of the seller.

I bet he could address this issue....IMO, A buyer's agent will certainly owe you more attention and duty, but they may not be allowed to pass on information about the sellers motivations with respect to price, unless consent is given or it's made public.

You could also assign the note to your buyer with the consent of the seller.Another way is to simply use a purchase agreement that can be assigned and an earnest money note for a quicker closing, you'll have several days of due diligence to work with and you really should not mislead the seller in any of these instances.

We also have a "Notice to Enter" clause that includes:  "Landlord may, upon consent of Tenant or upon 48 hours written notice, enter the dwelling unit to inspect the premises; make necessary repairs, alterations, or improvements; or supply necessary or agreed upon services."

I have checked tax records to confirm past rental histories and most applicants have no problem lying and thanks to positive re-enforcement of tenants staying several years, I will physically drive to check reference addresses and interview individuals with signed consent forms in hand for this practice. i wish it could be easier than all the effort but maybe that is why I am here, to find easier solutions. sorry about mispelling I never get it 100%.Lol!

Now, none of this applies to the conventional method of doing a sub-2, problems come in when you have the original lender allow you to sell without their consent, they have the right to access their risks involved.