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Subject:
REAL ESTATE IN DEFAULT
Category: Business and Money > Consulting Asked by: azrose-ga List Price: $2.00 |
Posted:
19 Mar 2005 18:49 PST
Expires: 18 Apr 2005 19:49 PDT Question ID: 497377 |
I sold a residential property in Arizona 1 1/2 years ago that I "hold" the mortgage and it is being serviced through a title company. My buyers are now in default and I have given them notice which will "expire" on March 21st. At that time, I can begin a trustee sale. My question is: can I just re-claim and move back into the property as opposed to selling the property? Thank you for any guidance you can give me. |
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There is no answer at this time. |
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Subject:
Re: REAL ESTATE IN DEFAULT
From: siliconsamurai-ga on 20 Mar 2005 12:51 PST |
you might get a more accurate and reliable answer at about $100 since it would cost you about $400 to get a lawyer to give you a REAL answer. Just a suggestion. |
Subject:
Re: REAL ESTATE IN DEFAULT
From: myoarin-ga on 20 Mar 2005 14:22 PST |
Please read the disclaimer below. This is not professional or legal advice! I've been through a very similar situation. Although you may feel that the property is somehow still yours (mortgage and all), the people bought it and are now the "owners". A trustee sale is a new business transaction. If the property could be sold now for more than what is owed to you (which you would receive), the balance would go to those people, that is why there has to be a sale (I believe - see disclaimer). That may seem sort of unfair - their making a profit while defaulting on their mortgage payments - but since this is a new and separate transaction, if you get full payment for the sale of the property a year and a half ago, your interests from your sale have been satisfied. IF you are interested in regaining ownership of the property, you have to buy it back. But since you don't have to pay yourself to settle the mortgage, you are in a better position than someone else. See again the disclaimer and siliconsamurai-ga 's comment. There are probably also books on the subject. |
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