Legal Question in Real Estate Law in Illinois

How come i have a written contract for 119,900, and the bank wont let the seller sell for no less than 129,900? is this the american dream?


Asked on 4/15/10, 8:03 am

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Is this a short sale? If so, the seller probably owes the bank more than 129,900 and that's the lowest amount the bank is willing to accept.

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Answered on 4/20/10, 8:15 am

No, it's called a "short sale". Assuming your contract is written properly for a short sale, there should be a contingency for bank approval because the bank will take a hit and it is not legally required to, so the bank controls the deal. On the other hand, how much do you think the property will be worth in a few years assuming the economy finally stabilizes? If this is a question of how much you can afford today and $119K is the top end, then your frustration is perfectly understandable but again the bank has no obligation to you to take a hit. But if you can afford more than $119K and you're speculating because this is such a great deal, then you need to consider this something of a gamble and if it's still worth it, maybe the bank will settle somewhere in between and you'll still get a deal.

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Answered on 4/20/10, 8:23 am
Frank Vosholler Law Office of Frank L. Vosholler III

Actually, this sounds like FHA. And the lenders want the property to appraise for hire than the purchase price for PMI paid up front as well as closing costs.

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Answered on 4/21/10, 7:42 am


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