We need advice or a lawyer? Help

[Bobbie Bebereia]

So, 12 years ago we bought a small house on essentially a double lot. House was financed on a private note with seller with 10k down and 5.75%. House would not have funded thru bank because of repairs. Fast forward after total rehab & renting it for past ten years. We now want to divide it into two tax lots & build another rental. (Already have city approval, etc). Went to refinance it thru conventional funding and seller has turned Into a obstinate stinker! He refused any contact with title company and will only turn over the deed once he has been given a cashiers check for the 70k we owe him.... And of course, it can't be financed without him handing over the deed first. What do we do? The existing house is worth 140k (we owe 70k)... And the build able lot is worth approx 70k. We have checked into the "seed money" thing thru WCAP but we really don't want to get a bunch of credit cards. Have checked into "hard money" loan but the only local company we found won't loan on houses built after 1945....ours was built in the 1920's but has been completely rehabbed . Any ideas? We really feel backed in a corner & unable to move forward with our RE plans. Are there other hard money lenders that would help us do this for six months? Any advice or suggestions? We have access for the amount thru my husbands differed comp but would pay a 10% penalty & 28% tax with holding. Would appreciate any help! Thanks!

[Joe Gigliello]

Bobbie

You might definitely need a real estate attorney or you can talk to an escrow company (if they are used in Oregon).  Here in California, the escrow company is the independent third party that gets the payoff information from any existing note holders and holds all signed documents in escrow (signed reconvenyance documents as well as the new lender's documents) until all funds are received from the new lender or the buyer to completely balance out the refinance transaction.  There should be hard money lenders in your market that will make a short term loan on this older home, especially since it is completely rehabbed.

There should be a way around an uncooperative note holder.

Best of luck!