can fannie mae (seller) of a foreclosed house nullify a contract even though they agreed to the offer and the buyer has a mortgage commitment?

Rsmphl717
Home Buyer
19018

fyi - the contract expired the day before the mortgage commitment was acquired by buyer. Buyer signed the addendum stating the contract would be nullified. Does the buyer have any options?

Answers (4)
Martin Macisso
Agent
South Portland, ME

Fannie Mae has a special P&S addendum they include in the acceptance of an offer....it has a lot of legal wiggle room...its basically gives them a pull out option if they feel there has been any breach of the contract....they are unscrupulous...don't be surprised at anything they do.

Sat Oct 3 2009, 10:31
Brian Gibson
Agent
Folsom, PA

Yes, if buyer did not request an extension of commitment date, contract is not valid. Did you submit an extension addendum??

Sat Oct 3 2009, 05:19
Keith Manson
Agent
Milwaukee County, WI

If there is a clause that time is of the essence and the time frames expired. The party that did not meet the time frame, has defaulted on the contract and thus the other party has the options outlined in the contract. One of those options would be in this case to cancel the deal. The other thing, it sounds like you signed a amendment not an addendum nullifying the deal. This would really kill the deal.

The only thing you can do contact the lender to see what you can negotiate. You might be starting all over or if you have all things in place being a REO, they might reconsider. REO's do not always follow the normal selling process. Check with you Buyer agent to get the specifics in your area.


Keith Manson
First Weber Group
Certified Distressed Property Expert
Greenfield,Wisconsin

Sat Oct 3 2009, 04:29
Stan Battersby
Agent
Phoenix, AZ
FIRST ANSWER

The seller can at any time pull the property off the market.
Was it a full price offer you put in?
If it was your realtor can go after them for his commission.
This might get them to change their minds.
If it was not a full price offer then they can with draw the property.
Email with your answers.
sbattersby@cox.net

Fri Oct 2 2009, 21:20

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 16
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback