Home Rant

minskat30

Well, ladies, closing was yesterday on our home and the sellers and their representatives didn't even show up to the closing to close the sale. H and I are beyond upset. We've been through so much trying to get a home here in our new location (offers that fell through, offers that didn't take and now this). The owners (for-sale-by-owner) attorney told us right around the time of the closing that it just wouldn't be happening because they need a payoff letter. I know legal payoffs very, very well with my job and called bullshit (a payoff letter, especially with the bank in question, is easy to get). I dug up that the sellers had a bankruptcy in the past and what they really need is a settlement agreement finalized with one of their lenders (a short-sale situation essentially). I am considering a lawsuit at this point but hoping this can be sorted out in a day or two at the same time. H is now questioning whether we should buy at all at this point. I just need a hug.

eilis1228

WTF?! That's total bullshit. I'm so sorry the owners are being punks and putting you guys through this. *hugs*

bethsmiles

*Hugs* I don't know anything about buying a house but this sounds so stressful! I really hope it all just works out for you asap! In the meantime have some wine:

[Deleted User]

I'm so sorry @minskat30 That's complete crap! I hope things will turn out for the best here for you both!

Blue & White

Oh gosh, so many hugs!!!  This is EXACTLY why we're not giving our month's notice on our apartment until our closing is finalized (skeptical much?  why yes, we are)

I don't know anything about legal payoffs, but it sounds like you know what's going on and will do whatever is best for you and H.  Remember that at the end of the day, you still have your marriage.  Make sure you pay attention to that and don't let this stress drive you both insane (or do your very best not to!)

This blows.  If you didn't know that already

Blue & White

Also, our realtor told us that going to court in said situation doesn't tend to be worth your money because the sellers aren't liable for all that much.  Is that different in your situation?

buddysmom80

@minskat30 that sucks so bad!!!! I'm so sorry, sending you a ton of hugs right now.

minskat30

Thank you, ladies. @bethsmiles - I had ALL the wine yesterday and will probably do the same today after work.

KeptInStitches

That's insane. Hugs, wine, and chocolate.

Swazzle

I'm so sorry

minskat30

@Blue&White - I know, the lawsuit itself won't let me get a lien on the property (I would do a lawsuit for damages as well as one for specific performance but, given that they are in a short sale position already and I'm not willing to pay the amount they owe on the home, it wouldn't let me get a lien on the home...just a personal judgement against them). At the very least, a lawsuit would be noted on the Title until it was resolved...preventing them from trying to sell to someone else in the interim (I think they got higher offers after they accepted ours). Whole thing sucks. I've told them to escrow funds to close so I at least have proof that they have the money to do so and they are fighting me on that too.

[Deleted User]

  all of this is just awful!  I really hope you can come to a resolution ASAP.

Blue & White

@minskat30 agh, they sound like peaches for sure. I think the most awkward part of closing for us is the whole we have to wire our money to the title company business (because apparently fraudelent cashier's checks are running rampant in FL) - if the closing doesn't go through, how fast are you going to wire me that money back? That's a TON of money I don't just want in the cloud.

Peaseblossom55

Oh wow I'm so sorry you are going through all of this. Sending you lots of hugs.  I hope everything works out for you, even if it isn't with this house.

LizzyTish88

Aw hun that is so awful! All the hugs and wine to you!

labro

Omg...this is all so horrible. I'm sorry you and your H are having to deal with this. The sellers sound like total douchebags. I can't believe they are allowed to get away with this kind of behavior.

loves2shop4shoes

OMG.  I'm so, SO sorry.

I can't believe they said nothing to you beforehand and then just didn't show up to the closing!  Who DOES that?  How unprofessional!

[Deleted User]

Wow, I'm quite aware right now that I know nothing about any of this. But here are hugs, because this sounds awful.

 

doubleSS07

@minskat20 I'm so sorry, that really stinks!  So is the house that you are trying to purchase a shortsale?

minskat30

Thank you for the empathy, hugs and good wishes, ladies.  I'm just flabbergasted by this whole thing and their bad behavior. 

@doubleSS07 - Yes.  Of course, they didn't market it as a short sale and we didn't know it was a short sale until yesterday but it is for-sale-by-owner so I can't go after someone's real estate license for the omission.

loves2shop4shoes

minskat30 said:

Thank you for the empathy, hugs and good wishes, ladies.  I'm just flabbergasted by this whole thing and their bad behavior. 

@doubleSS07 - Yes.  Of course, they didn't market it as a short sale and we didn't know it was a short sale until yesterday but it is for-sale-by-owner so I can't go after someone's real estate license for the omission.

Yeah, but would you have offered the same money knowing it was a short sale?  Just seems really shady to me...

GoldenPenguin

HUGS TO YOU!!! 

doubleSS07

That is SUPER shady! Is there any way that you can just walk and leave them in the lurch of finding someone else to buy it? I know that it starts the process over for you guys but I'd be so pissed.

minskat30

loves2shop4shoes said:

minskat30 said:

Thank you for the empathy, hugs and good wishes, ladies.  I'm just flabbergasted by this whole thing and their bad behavior. 

@doubleSS07 - Yes.  Of course, they didn't market it as a short sale and we didn't know it was a short sale until yesterday but it is for-sale-by-owner so I can't go after someone's real estate license for the omission.

Yeah, but would you have offered the same money knowing it was a short sale?  Just seems really shady to me...

You are right there on the money thing.  If I had known how difficult this was going to be by half, I never would have gone through with it initially.  Hell, I even have the first email they sent me where they said how excited they were to sell to us and how they would be "super easy" to work with...red flag should have gone up then and there...if you have to announce that you are easy to work with, you probably aren't, eh?

minskat30

doubleSS07 said:

That is SUPER shady! Is there any way that you can just walk and leave them in the lurch of finding someone else to buy it? I know that it starts the process over for you guys but I'd be so pissed.

Oh, yeah, we've thought about it and we could legally walk anytime now that they have breached. I don't think I could get H to start the process over again though...he's at his limit (he's past it really and took it out on me yesterday, which he has since apologized for). If we walk, we are just going to rent for a year or so but that means no neighborhood we love (rentals are non-existant with big dogs) and no yard for the dog unless we want a long commute.

joy14bw

OMG Buying a home is so stressful already! Wow, I'm so sorry to hear this.

I truly hope it gets handled quickly and that there isn't something fishy going on.

Dignity100

cu97tiger

I am so sorry that you are going through this. Buying a house is almost NEVER smooth sailing. Maybe it will make you feel better if we tell you our awesome situation...

After agreeing to a contract price, the appraisal came in $18k under. We obviously do not have $18k lying around, so we went back to the table with the seller. The seller accused us of being in cahoots with the appraiser. We appealed to the appraiser to RAISE his appraisal. He wouldn't. We send (through our realtors) the seller a letter letting her know that we understand if she wants to walk away, but that we love her house, we know how much work she has put into it, and that we would treat it with the respect it deserves as such an historic home. 

Her realtor responds and says we made her cry and she was offended. BUT she accepts our lowered offer. Then, on the day she was supposed to sign the papers (she is out of town, so it was three days before closing), she accuses our title company of being shady and demands that she takes the closing papers home with her. 

When we go to sign the papers on the day of closing, her realtor has not returned with the paperwork, so we don't know if we'll actually be getting the house or not. Three hours later, she finally showed up.

Every step of the way was a nightmare, and we had almost daily conversations about having to find another house. All that to say, I totally empathize with you. Some people suck.

minskat30

Thank you ladies and @cu97tiger - Holy crap that sucks!  You just want to have home buying be happy and not that stressful. 

Update: Sellers' attorney got back to us this late last night (10 pm) with a short sale agreement (found out they owe $50k over what they are selling it for).  The bank appears to have agreed to the short sale as of late last night. 

Please keep your fingers, toes and eyes crossed for H and I but we are going to try to shoot for a closing again late in the afternoon.

doubleSS07

Good luck @minskat30!  I can't believe what a mess that turned in to.  When we short sold our house it was so smooth (I thought it would be a nightmare to sell that way), then again we were full disclosure and it was preapproved by the bank.  I really hope you guys are able to get it done today!

cu97tiger

Everything is crossed!!!