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Jay Jonez
  • Real Estate Agent
  • Chesterfield, MI
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Sub 2 - Seller having buyer remorse

Jay Jonez
  • Real Estate Agent
  • Chesterfield, MI
Posted

I close a “subject  to” transaction in July 2023. It was closed to a title  company. I have been making a mortgage payments since then on time no problem.

The old seller contacted me of course, when they were trying to do the taxes and file a 1098 so that she can claim her part of the interest which kind of started all this and she was surprised that her name was still even though I clearly stated to her for four months, how to deal.  I also have a recorded phone call conversation for over 25 minutes of us talking about the subject deal and she says verbatim” I would be OK if you take over the mortgage and paying $500”. 

Situation that is happening now is of course she thinking that she got taken advantage of and now is trying to give me two options. 

Option one she threaten to do a loan modification.

Option two shoes trying to threaten bankruptcy.

Just wondering for those that I’ve done subject to deal what type of things to look out for or should I not even worry. 

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

There's a whole lot wrong here.   There are times when a real estate attorney is the only way to proceed and this is one of those. Also, you will want to make sure that the telephone conversation you recorded is within a state that allows for one-party consent (meaning you) as that is not the case in all states including mine.  

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