Home Buying in 27025>Question Details

Tesla, Home Buyer in 27025

No DEED after house paid for at closing!

Asked by Tesla, 27025 Thu Apr 29, 2010

I went under contract to buy a house in March 2010. The date on contract said I had to have funds by April 30, 2010. Seller signed contract. Today, April 29, I "closed" on the house with the lawyer, provided entire amount of funds. Seller was sent the documents on Monday Apr 26 and has not signed deed and sent back and no one can seem to get in contact with him. What do I do now? The contract expires tomorrow and I have paid for the house in full to the lawyer. How long should I wait to receive this document, and what is my recourse if the seller never signs the deed?

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hi Linda, winks, glad you took it in the spirit it was intended...write on? If you have any clients that need exceptional service and super rates, give us a call....HSOA is 75 years old and has great programs. Jim, with a big smile.
0 votes Thank Flag Link Fri Apr 30, 2010
James,

Very good advice and thank you for catching my mispelling.

You are right on, ride on, write on or is it rite? :) :) :)

LInda
Web Reference: http://www.lindacefalu.com
0 votes Thank Flag Link Fri Apr 30, 2010
I was happy for you when I read that your attorney is holding the funds. Obviously, without the deed, there is no completion of the sale, so obviously your attorney, or "counsel" should withhold the funds until all parameters of the sale are completed. Your attorney should be albe to outline your options, and I wish to make it clear I am not an attorney, nor are my opinions expressed here to be construed as legal counsel (or council, as Linda says). That being said, you have legal recourses open to you, but in a perfect world, you touch base with the seller and they get you the signed deed...everything goes through fine. I hope that is what happens in your case. The other options, to my mind, will take time and money, and even though you may prevail in the end, those options are not fun. Linda makes a good point, sometimes, the courthouses are behind, and registering the new deed can take some time. Get with your attorney as soon as possible and get some clarity for your peace of mind. I wish you very good luck, Jim.
0 votes Thank Flag Link Fri Apr 30, 2010
Telsa,

Were all of the other closing papers signed?

Linda
0 votes Thank Flag Link Fri Apr 30, 2010
Linda,

The lawyer I mention is mine. I haven't had a chance to ask him this question since we closed the deal, or thought we did, earlier today. I am referring to the Deed, which the seller has to sign indicating that he/she has sold the property to me and it is legally mine. The Deed has to be filed with the Court to make the transaction legal. So, I have paid in full for a house and can't get the keys because he hasn't signed the deed over to me and no one can seem to find him!
0 votes Thank Flag Link Thu Apr 29, 2010
Tesla,

Your word "the lawyer" I assume is the seller's lawyer? If not, he/she should answering this for you. If it is the seller's attorney, I would strongly suggest you obtain your own legal council. Also, are referring to closing documents or deed. In Wisconsin the deed is sent by the closing department to the municipality and here we are months behind.

Linda
0 votes Thank Flag Link Thu Apr 29, 2010
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