Are you working with a REALTOR? If so, he/she should be handling this. If the seller isn't out by the date he's supposed to (per the contract) is there a clause that says he has to pay any fee? Before closing, a buyer and their agent typically do a final walk through of the property to make sure the sell is out, and the place has been left in the same condition as when you saw it last. You really need to get your Realtor involved if you're having an issue. If your not working with one...that's too bad. You may want to hire an attorney.... more
If your home was foreclosed, it now belongs to the bank. I'm not sure why you were not evicted yet, but the bank will likely begin working to sell the property. The bank who issued your mortgage is now the legal owner and owns the deed to the property. If you are planning to rent after this, it would be better for you to move willingly, then to be evicted. Most landlords do not want to rent to a person who has an eviction on their record.... more
If you are considering an eviction or other legal recourse, please consult with an attorney. I have some contacts in San Jose, if you would like to discuss your situation further with an attorney who specializes in evictions/unlawful detainers. Please feel free to contact me by phone or message (Contact info is on my Trulia profile).
If the property wasn't held in a trust it will probably have to go through probate. See http://www.courts.ca.gov/8865.htm Click on the "Steps to Take If the Case Belongs in Probate Court" I'm sorry for your loss. San Jose zip code 94121 home values http://julianalee.com/zip-code/95121-statistics.htm ...
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I had a borrower who had never been on title, but they wanted to purchase their father's home at a courthouse sale...then refinance. It was an absolute NO GO.
The only way to get this house is to take formally assume the loan (if possible) and take over the payments at the original loan amount.
Arms length transactions are a not allowed.... more
Single family home may be tough unless you are willing to make repairs. If you are not opposed to condos, you should be able to find something nice that you like especially if you have all cash, but keep in mind that inventory is low right now. If you would like me to help you find something nice, email me at eclayton@Interorealestate.com
Think a Short Sale is a very viable thought for you. The longer it may take & better value you get may be quite suitable for your situation. Only thing that could be a negative would be if the Mrtgage rates spike upward(which personally I do not envision) in the near future. Best of Luck!... more
I might be wrong here...but it's my observation, that this has changed in NC, during my lifetime. (where the NC Baptists dethrowned? lol).
Thus...regardless of "current" laws.....she and you might need to get a will to explicity define your wishes.... more
Home Affordable Foreclosures Alternatives (HAFA) program allows you to sell your house for an amount lower than the amount that you still owe to the bank or financial institution that holds your mortgage.
A HAFA short sale approved completely releases you from your mortgage debt.
Is always a good idea to get an experienced short sale's agent that can assist in these difficult time.