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/u/fintactivist
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We are seeking some kind of guidance or legal advice…
My partner had put his house (in Louisiana) for sale 4-5 months ago and it had recently been sold (pending close).
He lost his good paying job towards the end of last year and was no longer able to afford to pay his mortgage. He didn’t pay his mortgage for a couple months (wasn’t honest about this to me or the realtor) and recently a seizure notice was placed on the house. The realtor told him and asked him what that was about and had him try to find out and rectify that. He wasn’t aware his house was in foreclosure.
Please be aware my partner is somewhat delayed, has ADHD, and other learning disabilities. He should have never had a house to begin with but his mother pushed him to buy (that’s another story).
Anyways, recently it has come to light that this realtor, the lawyer involved, and the broker were illegally trying to sell this house without fully investigating if the payments were up to date, if it was in foreclosure, etc. They pushed the sale through without knowing these things. So, when they finally got the payoff a couple days ago (while the house is closing)- it showed that he owed more than what the house sold for. They started hounding him immediately requesting he pay off the “extra” that was owed, borderline harassing him- telling him he will get sued or they will all get sued and that he had to figure this out “today.”
He has many, many emails in which the realtor was accosting him, intimidating him, and telling him he has to pay and figure everything out.
The broker eventually had a 3-way call with him and his mortgage company and the mortgage company told the broker that what they did was illegal. That was how this came to light. We thought something seemed wrong with all of this and that confirmed it. They weren’t supposed to sell his house without knowing for certain what the payoff was, if his payments were up to date, or if his house was in foreclosure. Apparently this entire team didn’t send the mortgage company anything about the house being for sale or that someone was trying to buy it either.
We are not real estate experts nor legal experts. Which is why we are seeking help or guidance here.
How do you even proceed with this? He’s accepting fault for not explaining he hasn’t been paying his mortgage but the rest of this is not his fault. The lawyer told the broker or mortgage company that they “assumed” these things instead of actually confirming them. They had also let the buyer move in and change the locks already. So, they now have to evict them and void everything? That’s also confusing…
So what should he do now? What is he actually responsible for? Obviously what they did was illegal but is the intimidation and harassment also illegal? They made this seem like this is entirely on him. He had no idea how this process all worked.
What should he do about the utilities?
This house is in Louisiana. He now lives in Ohio and has been staying with my mother until he gets on his feet. Needless to say, he has no money and just started working. So we don’t think we can get a lawyer if that’s needed…. We’re not sure.
What should he be doing? Do we no longer talk to the realtor or that entire team? Does he call back the mortgage company and explain they had been hounding him to pay that because they sold it without knowing these things? TIA!
(We are both neurodivergent, please be patient and kind. Thank you.)
submitted by /u/fintactivist
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Seeking guidance on negligent sale
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My partner had put his house (in Louisiana) for sale 4-5 months ago and it had recently been sold (pending close).
He lost his good paying job towards the end of last year and was no longer able to afford to pay his mortgage. He didn’t pay his mortgage for a couple months (wasn’t honest about this to me or the realtor) and recently a seizure notice was placed on the house. The realtor told him and asked him what that was about and had him try to find out and rectify that. He wasn’t aware his house was in foreclosure.
Please be aware my partner is somewhat delayed, has ADHD, and other learning disabilities. He should have never had a house to begin with but his mother pushed him to buy (that’s another story).
Anyways, recently it has come to light that this realtor, the lawyer involved, and the broker were illegally trying to sell this house without fully investigating if the payments were up to date, if it was in foreclosure, etc. They pushed the sale through without knowing these things. So, when they finally got the payoff a couple days ago (while the house is closing)- it showed that he owed more than what the house sold for. They started hounding him immediately requesting he pay off the “extra” that was owed, borderline harassing him- telling him he will get sued or they will all get sued and that he had to figure this out “today.”
He has many, many emails in which the realtor was accosting him, intimidating him, and telling him he has to pay and figure everything out.
The broker eventually had a 3-way call with him and his mortgage company and the mortgage company told the broker that what they did was illegal. That was how this came to light. We thought something seemed wrong with all of this and that confirmed it. They weren’t supposed to sell his house without knowing for certain what the payoff was, if his payments were up to date, or if his house was in foreclosure. Apparently this entire team didn’t send the mortgage company anything about the house being for sale or that someone was trying to buy it either.
We are not real estate experts nor legal experts. Which is why we are seeking help or guidance here.
How do you even proceed with this? He’s accepting fault for not explaining he hasn’t been paying his mortgage but the rest of this is not his fault. The lawyer told the broker or mortgage company that they “assumed” these things instead of actually confirming them. They had also let the buyer move in and change the locks already. So, they now have to evict them and void everything? That’s also confusing…
So what should he do now? What is he actually responsible for? Obviously what they did was illegal but is the intimidation and harassment also illegal? They made this seem like this is entirely on him. He had no idea how this process all worked.
What should he do about the utilities?
This house is in Louisiana. He now lives in Ohio and has been staying with my mother until he gets on his feet. Needless to say, he has no money and just started working. So we don’t think we can get a lawyer if that’s needed…. We’re not sure.
What should he be doing? Do we no longer talk to the realtor or that entire team? Does he call back the mortgage company and explain they had been hounding him to pay that because they sold it without knowing these things? TIA!
(We are both neurodivergent, please be patient and kind. Thank you.)
submitted by /u/fintactivist
[link] [comments]
Seeking guidance on negligent sale
Continue reading...