I sold my home in 2004 and was advised by my real estate broker to offer a second to the buyer as a purchase

Asked by Mike Foley, Hesperia, CA Mon Dec 31, 2007

money loan. I thought they would refi shortly and take me out, but in July 2007 they stopped paying both loans! Am I a goner? The first is just now in foreclosure, surely I have some choices?

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Kent Palmer, , Denver, CO
Thu Jan 3, 2008
What is your real estate broker doing giving financial advice? Did he even bother to find out if you understood what he was advising you to do? Get an attorney quickly.

If you can afford to pay of the First lien holder, you as the Second lien holder would be a position to take the property back through the foreclosure process. This takes time, costs money and in the end you will have to try to sell or rent the house. Hope it is in good shape.

How much did you lend to the buyer? And how much would you guess the house is worth now?
1 vote
gabriel palo…, Agent, Pompano Beach, FL
Mon Jul 11, 2011
I listen to most advice but act on a few. I will take credit for all right decisions but blame others for the wrong ones. Life is a beautiful thing like a bowl of cherries so what I am doing in the pits?

Make your own decisions and be prepared to live with them.
0 votes
Betina Forem…, Agent, Austin, TX
Tue Dec 16, 2008
Dear Mike,
I second the Realtors that suggested getting a RE Attorney ASAP! Save yourself. Get your Realtor to do a Comparative Market Analysis to see the homes current value. Good luck!
Betina Foreman, Realtor
Austin Texas
0 votes
M.A., , Philadelphia, PA
Sat Aug 30, 2008
It would be best to consult with a competent real estate attorney as soon as possible. You should also consult your tax professional to see what kind of financial repercussions this will have on your portfolio.
Margo Airst
0 votes
Michael G.Gr…, , Orange County, CA
Sat Aug 30, 2008

I agree with the previous Realtors, I think you should secure an attorney as soon as possible. Real Estate Brokers should never give financial or legal advice unless they have certifications to do so. Foreclosure proceedings can take a while and should understand what your rights are as a mortgage holder in second position. In the future if a buyers asks you to carry a note, you will want to make sure to consult with your attorney, accountant, and Real Estate Agent/Broker. With the advice of those three professional together you should have a better understanding of what would be in your best interest.

Michael G Grimm
Web Reference:  http://www.mgrimm4homes.com
0 votes
Damion Boyce,…, Agent, Lakeland, FL
Thu Jan 3, 2008

You do need to contact an attorney immediately. Also, you need to find out what the home is really worth currently. Do you want the house back? We are seeing many short sales selling for $10, $20, $30 thousand less than what is owed. One question for an attorney is whether you have the option to try and purchase the home at a discount through short sale. Again, the biggest question is the current value. Once you have this answer from an appraiser or experienced realtor, you will be able to consider your options.
0 votes
Christopher…, Agent, Hemet, CA
Mon Dec 31, 2007
You may just be a goner unless you can buy out the first TD. Contact a competent real estate attorney immediately before you have no options. Once the forclosure is complete, you will have few, if any options available.
0 votes
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