Over 2 yrs ago I put offer on a short sale. It was turned down and house immediately went into long foreclosure. Can I ever get a refund?

Asked by Cheryl, Naples, FL Wed Sep 12, 2012

Realtor said it was due to FL law. I now have bought the house at foreclosure auction - can I get a refund now?

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John Rodda, Agent, Naples, FL
Thu Sep 13, 2012
You must go to the realtor or title company to refund your deposit. Send them conformation of the deposit if will help them to find it and return it to you. They can not keep your deposit
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Marc Comisar, Agent, Bonita Springs, FL
Wed Sep 12, 2012
A refund from what? You should not have had any money in escrow.....Who was your Realtor?
My first call would have been to my Realtor.

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Peggy Wagner-…, Agent, Bonita Springs, FL
Wed Sep 12, 2012
Yes, while it may be solvable by contacting the title company, if you used an attorney, I would not think he would charge anything to answer this legal question for you. Please contact legal council for sound legal advice on this matter. And good luck.
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Julie Hall, Agent, Lehigh Acres, FL
Wed Sep 12, 2012
I never have my clients put a deposit down on a short sale for this reason. Your money it tied up and chances are the bank is not going to accept your offer due to agents listing properties so low to get the buyers attention. I would of never had my client wait that long for an approval on a short sale because of course it was going to go into foreclosure. It doesn't sound like you had an agent that communicated with you and really advised of what could happen during a short sale. As far as your deposit you shouldn't need an attorney. The title company has your money and you need to contact your agent and have them type up a cancellation for you and seller to sign. Once signed the title company will release your deposit to you. If for some reason the seller does not sign the cancellation to release your funds you need to have your agent fight for you to get the funds back. If your agent will not stand up for you then unfortunately you are left with getting an attorney. I have never ever had this happen and I never advise my clients to give a deposit on a short sale. I have turned in many short sale offers and not once have my clients ever put a deposit down. I wish you the best of luck.
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John Caponet…, Agent, Naples, FL
Wed Sep 12, 2012
You should have received any of your earnest money back unless the offer was carried forward to the foreclosure sale. And you should definitely have an attorney look at that. I can recommend one for you who was able to get me a full refund for a property I had purchases and was never completed. The attorney was able to get a complete refund for my earnest money deposit.
Cheryl, please feel free to call or email me. I can give you the attorney's name and phone number. He is very reasonable.
Best Regards;

John Caponetto
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Kathy Bogan…, , Naples, FL
Wed Sep 12, 2012
Talk to your attorney. It's a legal issue I won't advise on and don't have access to your contract.
KathyBC800-448-3411 ext 601. (9/12)
0 votes
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