closing fees that were in the banks attorney escrow account were seized by the ausa. therefore the title was never transfered. I contacted the buyer, and the buyers lender and both stated its not theyre problem. total transfer and stamps $24k. Am I still responsible for this amount. According to the hud itis split. But thes sell contract states I will pay for closing
The fact that the property is still in your name should be a concern of the buyer, not you. Assuming your loan was paid off, you don't need to involve an attorney, your credit is not being effected or affected in anyway.. Simply pay the $24 to the title company or go record the docs yourself.
You should get a real estate attorney involved immediately. This can be a real issue should you decide to purchase another property. It can effect you credit big time.
Dear Bigsing....
I agree that you need to contact a real estate attorney ASAP.
I am not clear on a few things....... was the title company operating as escrow holder for this transaction (meaning did they hold the sales funds and title documents for closing - this may be critical to your position), and if so, did the title company transfer the funds it was holding for the sales price to you, if you owned the property free and clear, or to your lender if there was a mortgage, and only held back transfer of title due to non-payment of closing costs? If they did this, the title company may have some culpabilty as well, because they actually closed without receiving payment of closing cost, but only partially. If this is the probably scenario, the loss may belong to the title company, not you. See if you can get a FREE consultation with a real estate attorney in your area before paying any attorney fees to find out exactly where you stand in this. Contact your local bar association. They may be able to direct you in finding an attorney.
I am also very surprised that the buyer and the buyer's lender are not willing to cooperate with you in this because, after all, you may still legally own the house which would make buyer's possession some sort of tenancy. And if the buyer's lender loaned money on a house buyer does not own..... well you get my drift. Good Luck. I do not see why you should not get this resolved in your favor.
Please contact a real estate attorney quick! I'm surprised the buyer is not concerned and working with you to get this corrected!
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