Monday, November 30, 2009

Glitch

Last week I got a call from my realtor to inform me a glitch has occurred and we had to change the closing date on the property. It seems the seller’s realtor did not do her job properly. The first inkling there was an issue occurred when I received the Title Report. Apparently the land’s title is in the deceased husband’s name. The mobile home is in both of their names. For some reason the widow decided to put the property on the market before the will was probated. As of this writing it still had not been probated. Why the seller’s realtor did not ask more questions before placing the land on the market is unknown. All I can say is my realtor is mad and so am I. When I made the offer on the land and home, this issue was never disclosed. The seller did ask for an increase in option money from me, but there was no disclosure ever made concerning the issue with the will. In fact all communication pointed to a need to sell the land and home quickly so the widow could buy something else near her son. That constitutes fraud. Until the will is probated, this property should never been placed on the market, let alone agreeing to sell the property and home to me when she legally does not own title.

Last week I agreed to postpone the closing date until December 30. If the will is probated sooner than that, then I will be closing on the property immediately. But if the situation has not changed, then I will have no choice but to walk away. I cannot live in limbo not knowing if or when this issue will be resolved. Since I have already spent over $1800 related to the purchase of this property, I will have to consider taking legal action to recoup that money. Hopefully it won’t come to that. Hopefully the legal issues with the property will be resolved before Christmas. I really do want that property. Please pray God’s will be done in this issue.