My ex-hubby is pressuring me to sell the house we own at a extra low price. It seems he is making deals on the side with this buyer, but being half way across the states I can't tell. I have an attourney and he feels I should walk away from the buyer. Im uncertain that my ex-hubby would be willing to sell again, and fear him letting it go into forclosure. I could possibly argue the forclosure be put on his credit report due to the divorce decree, but what about loosing all that money? Which risk is smarter?(ex-hubby was abusive and seems to be still trying old tricks)
130035
Did you have the house appraised? If I were you I would listen to your attorney.  Have the house listed with an agent and sell it at fair market value. Even if you have to pay the agent at least you know you weren't taken advantage of. Don't be pressured into doing something that may be unfair to YOU!! Have the house appraised and have it listed.  \nI don't think you should trust your ex.\nDon't do him any favors and make it easy for him.  I would walk away from that deal.  No, I think I would run.
54884
Seek court costs and interest.\n\nI made a mistake in my divorce and thought I had 6 months to sell or refi the home.  I only had 60 days.\n\nI had to pay my ex-wife a small amount of interest plus court costs on the $7K I had to give her from the home.\n\nSo the court can award interest, on top of what she owes if she continues to be late.\n\nIt doesn't hurt to ask the court to pay you for her mistakes.\n\nHTH
339309
I'm not an expert,but the buyers had the option to have an expert appraisal done on the home before the final sale, I'd say they are out of luck, don't go spending your hard earned money on a lawyer, ask your R.E. agent, he/she should be able to answer that question, or better still ask your Bank Mtg Mgr they see all kinds of stuff.
410225
She can't sell the house unless she owns it, the bank may be willing to work with you if they know what happened. Good Luck!
80804
The court's have contingencies for most problems....but it would be worth your time to talk to an attorney.  You may be able to petition the family law judge for a specific order authorizing you to transfer title to the home and sell the property without her signature.  Do it right the first time....it could be a legal nightmare if you sell the property without proper legal authority.
157096
First you have to put your home back on the market and sell it again to someone else.  If the house sells for a lower purchase price than the previous deal then you can demand that the difference be deducted from the deposit provided by the first buyers and any remaining balance be returned to them.  If the house sells for more than the previous deal then you have to instruct that the entire deposit be returned to the first buyers, since you had no damages.\n\nThe foregoing assumes that:  (1) your original contract with the first buyers did not address the issue of a default by the buyers; and (2) that you did not default under the original contract.  If the original contract addressed the possibility of a default by the buyers then the contract will be controlling.  If you defaulted (for example, refusal to make agreed-upon repairs) then this whole mess is going to court and anything can happen.
378856
NOtice of defualt is the first step to foreclusure.  That's the lender telling the borrower that he missed a few payments - and that foreclosure is coming.\n\nReal estate owned (REO) is the bank owning a foreclosed house.\n\nPre forclosure is the best time to buy the house.  You can often negotiate with the bank at this time and get a good deal.  Remember, good terms are better than a good price.\n\nNotice of foreclosure sale is when there is usually an auction after the house was foreclosed and the bank is trying to sell it to the highest bidder.  Don't try to buy here - there will be tons of people at a foreclosure sale and they call came with mega bucks to plop down on the house.  Also they are usually all cash deals.\n\nGood luck - and follow the pre foreclosure route.  The others might work for you, but only rarely.\n\nAs an investor I will tell you that if you are sking this question, you really are not ready to invest.  Read up - learn more and then go for it.  Good luck
544886
The mortgage is in both names and the mortgage holder expects to be paid.  If your boyfriend can't make the payment, the mortgage holder will come looking for you.  If between the two of you, the payment is not met then the mh will foreclose.  The same with taxes.  One or both of you pay or the city will seize the house for back taxes which will also initiate foreclosure.  Either way, you both lose the house.\n\nTo get your name off the deed and away from both the taxes and the mortgage, you will have to sell your half to your ex.  You say he probably can't swing that deal, so if you can't or don't want to buy him out, then the options are to either sell, or rent it out with half the profit coming to you and the other half going to him.\n\nGood luck, but move fast before this screws up your credit rating.
607727
There is this concept called "caveat emptor" which means "buyer beware". It essentially means that courts are going to place buyers with the responsibility to ask questions about things that look out of place when buying a home. Since you saw their belonging on top of crates and didn't ask "why", this may be used against you but I doubt it. (Was there anything else that was obvious something was wrong iwth the house?--if so, you are gonna have a hard case).\nBut besides this concept, I am going to say "yes" you have a case for fraud. Please remember that there is a statute of limitations (meaning the end time when you can sue) for fraud, depending on your state statute which is typically 2 years from the date of the incident which I suppose in your case would be when you viewed the home. \nWhat would even strengthen your case is if you directly asked them, with a witness of course, "Are there any problems? Is there any damage?etc.---something along those lines" because then you can point to the previous owners as directly committing fraud on you. However, if the owners simply did not say anything about the sewer system and you didn't ask any questions like this that required and received an affirmative answer, you might be in for a harder fight.\nConclusion- Gather your facts more specifically and consult your state statute for the time limit on the staute of limitations.
269736
It is silly to let a house go into foreclosure unless you've exhausted your other options.\n\nIf the house is worth at least the amount of the loan, you should put it up for sale immediately.
386219
If your realtor is confident that it will go through and they do this all the time, then you probably don't have anything to worry about.  However, here in Colorado, I've found that the banks usually won't take a short sale when the sellers are caught up in payments.  Then again, our foreclosure rate here in Weld County is 700% higher than the national average.
36232
Do you have any record, written or witnessed that you jointly paid for the house. Any other commitment, definitely it should be in writing or witnessed.\n\nDO your own homework first. The ownership deed carries your name, in case of faulty payment schedule if you are equally responsible then you are equally rewardable too. In case she has not asked you for any CAPEX sharing earlier, that is her fault.\n\nProvided, you have to agree too -leaglly that is, for her to sell the house. If that deed gives you the right then she cannot keep you out. In fact did you share any or part of the equity, and have record or receipt to show for it? If yes, then it is an open and shut case. She will loose more money than you even by going to court, she had waited long for this and now it she pays a price with a premium.\n\nOtherwise, you have no say/no record whatsoever, just remember that the cost of 1.5" of patch and two moons was that much and hope you got your moneys worth.
367766
Run to an attorney (yes they cost some $$ but worth it)...and get advice on how to protect your assets(your saving money) when it comes to foreclosure. \n\nAfter your forclosure, keep paying your bills on time. Usually after 2 years if your credit score is good you can purchase a home again...you may have a little higher rate but you can start over.\n\nThe next time you buy a home make sure it's in an area the value will go up instead of down.\n\nGood luck !
268302
Seems cruel and unfair but if you don't keep up payments on a house, then you either have to sell the house or the mortgage boys'll take it away.\n\nWhy on earth didn't this person sell? If they'd been paying for it for ten years then at least a third would already be paid off! They could've sold up, paid the mortgage off and had enough left over for a sizable deposit on something small once they'd got back on their feet again. I don't know the story, but it sounds like madness to me.
547828
Look at redbuggy answer of re-listing the house. sound like an honest thing to do, re-list and give the false impression that it a new deal. What other games are played with the MLS?? maybe listing the house once you have a buyer so you can brag that you sold a house in one day?? It is these and other games that have been played with buyers and the MLS that made the bubble.\n\nhttp://www.breakingbubble.com/index.htm\n\nYou need to find out what you can afford to walk away with out a lost, and bee happy because if you hold out you own and loss everything, sorry to say but if you look at your house as an investment there is no rule that you will make a profit.
583600
If you are joint owners and not married or considered common law married than there are only two choices he has.\n\n1.  Buy out your half of the equity and secure a new loan.  He doesn't have to pay you half the value, just half the equity.\n\n2.  He has to sell.  He has no choice in this situation if he doesn't want to buy you out
548263
You probably have no case at all.  One of the contractual agreements that you both signed is for delivery of a clear title.  Since he can't deliver that at present, the agreement should be null and void.\n\nIf he reasonably believed that he had title when he offered the house for sale you probably have no recourse.\n\nEven if you do have a case, you're limited to actual damages in most cases unless outright fraud was involved.\n\nAs always, check with a local attorney who specializes in real estate law for advice specific to your situation.  (And next time, get an attorney up front.)