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Real Estate Offer

Posted on: 11th Nov, 2007 07:39 am
I have made a full price offer on a "short sale" property in Hawaii. The first lender accepted my offer however there was a second held on the property. Now they want an additional 35K above the listing price to satisfy the second! What's up with this? Can they list property and then demand more because there is a second lender. The owners are defaulting on the loan.
Was it listed by a Realtor or by the homeowner? Either way sounds like they didn't know what they were doing. Both lenders have legal rights to the property and unless you can get them to agree to release the liens without the full payoff, you're not going to want to pay a dime.
What is the property actually worth? If you're getting it for a steal, don't expect the banks to agree. You can check my website blog for some basic guidelines regarding short sales. There are a lot of unanswered questions here but normally the 2nd mortgage will lose big in a foreclosure and should be willing to deal...
Posted on: 11th Nov, 2007 01:22 pm
Hi,

Is the transaction done? Have you owned the property? If it is so, it is not your obligation to pay any farther. The previous home owner is accounted for the remaining payments to his lender. If you face any problem, consult with an attorney and fix the problem without any delay.

Thanks,
Larry
Posted on: 13th Nov, 2007 01:59 am
Hello Nefferkc,

I guess the lenders will always want to get back their money. And you will not get a clear title if they are not releasing the liens on the property.
Posted on: 13th Nov, 2007 05:07 am
Unfortunately they can, and do. I always get on my realtor friends for doing this. They should always put in the comments that this is subject to a short sale approval from the lender. My significant other is a realtor and has had 2, thats right, 2 seperate agreements fall through this month on short sales. The lenders agreed to a price, and then raised them once they got an offer. 2 of them in 1 month. It is counter productive for all people involved in the transaction. Both buyers said to stick it .... you know where.

I know this doesn't change anything for you but hope it helps.

Best of luck
Posted on: 13th Nov, 2007 08:45 am
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