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Updated over 16 years ago on . Most recent reply

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Luiz Souza
  • Real Estate Investor
  • Gainesville, GA
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GMAC Approval letter clause

Luiz Souza
  • Real Estate Investor
  • Gainesville, GA
Posted

OK, here we go again!! Just received an approval letter from GMAC with a clause that reads: "THIS TRANSACTION MAY NOT INVOLVE A THIRD PARTY WHO RECEIVES A DEED PRIOR TO THIS CLOSING OR AFTER THIS CLOSING AND BEFORE RECORDING OF THE DEED TO THE PURCHASER".
I am using the Option Contract and the only thing recorded is the "Notice of Option".
Would you translate this to "I can never resell or transfer the deed to a third party?" And yes, this is a double C.
Any ideas, thoughts or suggestions?
Thank you.

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Scott Hubbard
  • Rehabber
  • Tucson, AZ
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Scott Hubbard
  • Rehabber
  • Tucson, AZ
Replied
Originally posted by Larry Moore:
As I read it, it states that you cannot assign your option or transfer the deed to a third party until you have closed on the property and the deed has been recorded. So, no, not never, just not immediately with a double close. Whether or not it can be enforced has been addressed in other posts.


I agree with Larry. However, the key interpretation will come from the title company since they need to issue a title policy. Check with your title company.

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