Legal Question in Real Estate Law in Ohio

forclosure bid

we put a bid on a house it was accepted by sellers w/their signatures we went and got pre-approved, title co. said it was in forclosure ''owners'' bank doesn't want to accept our bid we signed a contract w/sellers they were dishonest w/realtor and us can we do anything to the bank and or the sellers? please help!


Asked on 12/04/02, 12:00 pm

1 Answer from Attorneys

Joseph Burke Law Office of Joseph T. Burke

Re: forclosure bid

It depends on how far in the foreclosure process it is. If a foreclosure has been granted, then there is nothing that can be done to force the sale. If the foreclosure has not been granted, you could sue the sellers for specific performance. However, the sellers would still have to satisfy the arrearages, plus late fees and attorney fees. So it become a practical matter of whether the seller could make up any underage.

You have no privity of contract with the bank, so you cannot sue it.

Either way, you have a claim against the sellers for breach of contract and fraud, but it may not be worth it to pursue if they have no assets and they cannot pay off the mortgage, late fees and attorney fees.

You need more information. At minimum, I would request that the sellers reimburse you any out-of-pocket expenses to date.

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Answered on 12/04/02, 2:01 pm


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