I had a contract to purchase a home with an approved short sale agreement letter from Wells Fargo and a Jr Lien holder. The jr lien holder specifically stated that they would not release the seller from her debt but would release the lien on the home. I got financing, locked in, bought homeowners insurance, bought flood insurance, requested electricity be cut over, took money out of bank for closing, and headed to closing on specified date. I was 2/3rds of the way there when I got a text that the closing would not take place because the HUD1 was not approved by Fannie Mae due to the failure of the jr lien holder to release the seller from her debt. I was never informed that Fannie Mae was the lender prior to the cancellation of the short sale. I pleaded that all agents involved post the case on homepathforShortSales.com. I got no assistance. My lock-in expired. The Short sale agreement with the jr lien holder expired. Then the seller decides to pay off the jr lien holder with money supposedly borrowed from her son. I said I wanted my security deposit back plus the money spent on an elevation survey and termite inspection or to recive compensation so I could lock in at my original rate as seller failed to abide by the time is of the essence clause. They said the contract was canceled due to buyer financing, I have yet to receive my deposit. If the short sale agreement expired and I was not provided notice of an extension, was the sales contract still valid?
1 Answer from Attorneys
If the settlement was canceled by the seller, for reasons beyond your control and not contemplated by the contract documents, you may have a claim to recover your deposit and other damages. If you have a standard Board of Realtors contract, there may be mandatory mediation provisions in the documents. Otherwise, you can engage counsel and go straight to court.