Legal Question in Real Estate Law in Florida

I just want to scream!!!!

My house is in the process of being foreclosed. I called one of those companies(vultures) that claim they can buy your house in 3 days. Long story short, after I agreed to a 10K payout for a house worth 190K I got to the lawyer's office to close and was advised that I was only getting 3k. A contract was already signed but they needed a power of attorney because my husbands name is on the title. He refused. And after they contacted him, he finally agreed, however, I found someone else to purchase the property for 149K. I contacted my soon to be ex and advised him not to sign any papers and advised him of the new potential buyer. So he didn't sign anything. After advising the vultures we no longer wanted to do business with them, a huge argument took place. Now the vultures who wants to purchase the property and give me a measly 3K are threatening lawsuit and to place a lean on the property. Can they do that? Any advice would be greatly appreciated.

Asked on 1/01/08, 4:26 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: I just want to scream!!!!

Not if you did not sign or take their $.

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Answered on 1/01/08, 5:19 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: I just want to scream!!!!

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

To clearify my previous answer, you can probably be sued but the other party will have a weak case. If your husband never agreed to the sale and his name is on the deed, they should not have a good case. Both parties whose names are on a deed have to agree to a sale in order for it to be a binding contract. You should retain an attorney to resolve this matter for you before the foreclosure is finalized.

Scott R. Jay, Esq.

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Answered on 1/01/08, 11:45 pm

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