Home Buying in Palmdale>Question Details

ttbabbitt, Home Buyer in Canyon Country, CA

Should I file a claim and lis pendens?

Asked by ttbabbitt, Canyon Country, CA Thu Jan 3, 2013

Offer on 5/18/12 was approved by bank 9/19/12. Lien with city on 10/17/12 found to be primary on 11/7/12, settled and approved 11/26/12, wanting us to close by 11/30/12. Asked for extension to 1/15/13 per seller realtor, but seller refused. Then 12/14/12 for lender to complete, but seller still refused due to disputing with their realtor. Seller said bank will give us to 12/4/12. Notified by bank on 12/11/12 that extension was granted until 12/14/12. Seller stated on 12/14/12 that an extension to 12/14/12 was forged and wanted to confirm not buyer realtor and talk to her realtors broker. On 12/26/12, seller stated she was canceling escrow due to escrow company saying that both realtors were on email with forge, when it was seller realtor. Now seller is putting back on market with new realtor for higher price and will pick best offer when I have spent $300 for home inspection, $450 for appraisal, month to month rent $300x7 and had underwriter approval.

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Answers

4
All the answers below are correct - if you would like to speak to a local real estate attorney to see if they will even take your case, please check out these 2 local attorneys who may be able to assist you:

Al Lustgarten Esq. (661) 255-2233
OR
Terry Porvin, Esq. (661) 222-9277

I wish you the best of luck - and maybe you can write an offer on the subject property and at least your home inspection will not be in vain.

If I can assist in any way, please let me know.

Tamara Stoebe, REALTOR/Notary
GRI, e-PRO, CHS, QSC
DRE License #01827461
Prudential Troth REALTORS
1801 W. Ave. K
Lancaster, CA 93534
(661) 466-6849
Fax (661) 422-3006
http://www.TamaraStoebe.com
0 votes Thank Flag Link Thu Jan 3, 2013
To file a lis pendens you would need to hire an attorney to file a law suit and take it to Superior court and get a judge to agree to the suit. This being said, it will cost you many thousands of dollars before you get to that point and if the property is sold prior you're out of luck. A judge almost never grants a lis pendis unless it is on a very strong case. The other two responses are correct in saying that you have a better case against the agent and homeowner (I assume you are calling the HO the seller, where in fact the bank is the seller.) By all means, go to the local MLS and file an ethics complaint against the listing agent.

BTW, the escrow company saying that documents were forged is quite a stretch since it take an expert to really make that decision.
0 votes Thank Flag Link Thu Jan 3, 2013
Agreed....asking a Realtor whether you should file a legal claim is just not going to get you a response...

Best of luck to you, Consult with a real estate attorney.
0 votes Thank Flag Link Thu Jan 3, 2013
Realtors are not suppose to advise on legal matters. I would definitely contact a real estate attorney about your case. You may have one against the seller and the Realtors.
If you need an ethical Realtor you can trust please feel free to call me and interview me for the job.
Check out Group One Legal if you need a referral for legal advise.
Web Reference: http://www.LauraCoffey.com
0 votes Thank Flag Link Thu Jan 3, 2013
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