All Forum Posts by: Clint Votruba

Let me play devils advocate here.

"@Greg Gaudet are you willing to proceed even if the seller does not credit you for repairs ?"

You:   "Yep and I made that clear to the seller that we are still proceeding under the terms of our contract."

If you did not put that in writing with evidence that you sent it to him, he'll deny you ever said it and that you demanded the credit after the inspection period expired.

You:  In fact my inspection period had already lapsed when I made the repair credit request (bc the seller wouldn’t sign the addendum I sent to extend inspection for a few days)"

Again, if the home inspection period expired, then why did you make the request for repairs knowing that the contingency expired?  He can make the argument that YOU breached the Contract unless you said something like "Although the continency period expired and I have no contractual right to ask for a credit, I think it would be fair for you to give me this credit."  Otherwise, a request for repairs would imply that you could/would walk if he doesn't agree to give you a credit.  

Did you ask for the credit verbally or in writing?  Putting it in writing might hurt you here. 

I like the advice given to you by others here.

A letter from an attorney 

explaining all this to the seller (but not that you made the mistakes above) and that 

Buyer wants no repairs and that 

Buyer is proceeding to closing and 

if seller does not agree to close, steps will be taken to make sure his Agent cannot advertise the property for sale and he will not be able to transfer clear title to any other buyer.

Some/many Sellers need to see this in writing from an attorney to be told what will/might happen if he does not close.

Good luck.

You:  Your honor, I am requesting that an intestate probate case be opened and that I be appointed as the Administrator of the estate.

Judge:   And who are you as it relates to the decedent?

You:    I am a lienholder.

Judge:   And what are the circumstances of your becoming a lienholder?

You:    I mowed the lawn to the house owned by the decedent and I have not been paid.

Judge:   And did you enter into an agreement with the decedent to mow his lawn, either verbal or in writing?

You:      No your honor, the decedent was dead when I started mowing the lawn.

Judge:   Then why did you begin to mow the law if no one agreed to pay you money for mowing the lawn?

Let's stop there.   

Can someone tell me how you would respond to the Judge's last question?

Chicagoland attorney here.

Sorry but the requirements of a legally acceptable Deed/Quitclaim deed are specific to each State and County in that State.

Perhaps if you tell us the State and County your property is located, someone familiar with those local rules can give you advce.

However, many County Recorder websites will describe exactly what is required to create a legal deed and you can always call the county recorder's office for more information.

Good luck.

Also, the fact that the title to the property was not in your name after 12 months is pretty outgrageous and should be reviewed by the State.

"This was the job of the title company and they did not do enough and requests for refund are being ignored."

IF you were eventually made whole (even though it took a WHOLE YEAR), the title company could/would argue that you are not due any money.

Moreover, the title company will argue that since you were give an Owner's Policy, you were never at risk in the first place 

However, the title company is an INSURANCE COMPANY and IF they had a legal/ethical obligation to pay something on time etc. and they didn't but could/should have, their conduct could/should be reviewed.

Title insurance companies are licensed by the State licensing bureau of each State and there are procedures to follow if you want to file a Complaint against the title company.

Personally, IF the title company "dropped the ball" and it caused you concern etc, you could make an argument that a refund of at least a portion of the Escrow Closing Fee you paid at closing is fair.

Good luck.

@Chasing Vega Perhaps this will explain the process of recordings at the typical county recorder's office.   At least, this is the way I believe the way it is done in my county.

Let's say you own a house, which I'm sure you do, and the house is owned by you in the name of either "Chasing Vega" or "Chasing Vega LLC".

I COULD go into the county recorder's office, hand them a deed with your name as the Grantor and John Smith as the Grantee, and IF the Deed is properly prepared, the county will record that deed.

Of course, your signature as the Grantor is a forgery and the notary seal is fraudulent.

The recorder' office will not ask me if I am "Mr. Chasing Vega" and they will not ask me if I have the articles of incorporation for "Chasing Vega LLC".

Scary huh?

There have been many cases where a buyer/consumer, not knowing any better, will work with an "Agent" and pay cash for title to a house based upon the above referenced fraudulent scheme.

Good luck. 

As I recall, during/after the 2008 real estate recession, those with capital bought up property in CASH and consistently won those properties against buyers who needed mortgage loans to buy.

I am an Illinois real estate attorney but I specialize in residential transactions.

In residential purchases, title companies rarely hold Earnest Money.  Either the Agents will hold the EM or either attorney can hold it in a trust account.

1. Am I legally obligated to give the seller the Earnest Money?

Answer:   I would have to review the entire Contract, including the provisions regarding loan contingencies etc. to determine your actual obligations but if you have legal counsel, then you should follow your attorney's advice.  However, the amount of the EM might have a bearing on whether or not you should deliver the EM.  For example, an argument can be made that the Seller might find a new buyer and the EM amount (which you will give Seller) is much higher then the actual out of pocket costs to the Seller.  Does the contract consider EM as liquidated damages?  Liquidated damages are paid by you regardless of how much damages the Seller actually suffers(ed).

For example, if the EM is $ 25K and the Seller resells the property to a new buyer with an actual out of pocket loss from your breach of $ 10K, an argument can be made that Seller should not make a profit, unless the contract allows for such a situation.

2. If I am, I do not feel comfortable sending the sellers attorney a check. I’d rather it actually be disbursed through a title company at this point. What would be a good reccomendation?

Answer:   I don't know of any title company who will take in your EM and then send it on to the Sellers.  IF IF you have decided to pay the EM, why don't you want to send it to the Seller's attorney?  More importantly, to whom will you make the check payable, the Seller or Seller's attorney?

IF IF you are determined to pay the EM to the Seller, I would (BUT review this with your Attorney first):

(a)   make the check payable to the Sellers (named as Seller in the Contract) and not the Seller's attorney; and

(b)   make sure the Seller agrees to sign (and then DOES SIGN before Seller receives the EM) a release which would limit your obligation under the contract to the EM, would make no mention of breach of contract and would hold you harmless for any future or actual damages to Seller over and above the amount of the EM.   

Good luck.

Marita Jojo

@Marita Jojo:  You said I am buying and have mortgage and everything ready to go and closing has been scheduled for Wednesday

Frankly, I don't know all the facts and I hope that your title company opens up in time for your Closing.

However, it is possible that your title company will stay closed even though the you are scheduled to close.

In Illinois, Sellers and their attorneys choose the title company that will be used, which buyers usually agree to.

IF my title company chose to close, I and all of the attorneys who use that title company would jump to another title company that is staying open.

I'm interested in getting an update from you regarding your closing.

Good luck.

You don't say that you are buying or selling.

In Illinois, things are changing everyday.

However, title companies and attorneys have been determined to be "essential services".

One title in Illinois is offering a "drive through" closing where you show a Closer your driver's license through the window, who passes an envelope to you with only pages that require a "wet ink" signature and then it is passed back to the Closer.

Most title companies in Illinois are asking/requiring that Sellers, Seller's attorneys and both Seller and Buyer Agents NOT ATTEND the Closing.

I have and will attend a closing on Monday.  New pens are given out and thrown away at the end of the closing.  Closing tables are cleaned after each closing and I stay two seats away from my clients.  One of my clients signed with gloves.

IF IF your title company will not close you, fire them and hire a new one.  That's the best your can do as your current title company will be out of service for weeks anyway.

Good luck.