what to do

dianemargaretOctober 30, 2008

I am going through a divorce. Back in June when this started my husband insisted we put the house up for sale. I did a lot of painting and put it up FSBO in August and in Sept. got an offer $10,000 more than purchase price three years ago. Husband then decides he will not co-operate. Now says he will agree to put house up in Feb with contingency for a june closing as he wants to move on then and does not want to be tied to a lease on an apt. We have an 18 year old son who is graduating this year so I think that is reasonable.

Contacted the Sept. offer and asked if they would be interested in a contingency to close in June. She just wrote back with an offer now $5,000 over what we paid three years ago agreeing to the contingency but wanting her own contingency that if they find another place they can get out of the contract up to a month or so before the sale. That time frame I wouldn't go for but I was thinking maybe three months before June they would be locked in.

Or I could just tell them I will be happy to remind them when I put the house back on the market in March. Not sure what to do. After all a bird in the hand. But on the other hand I did not market it that aggressively. In fact all I did was put out flyers in the local tack stores since this is a horse property.

Typing this all out I think I will respond by saying instead of having double contingencies lets talk again in March. But what does everyone else think?

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DM, It seems like you're asking a lot from your prospective buyer.Agreeing to their contingency only compounds the issue...With the way the housing market is going,it is very possible your buyer finds a better deal before you sell to them...And if they back out at the latest date,you'll be in a tough spot.

I'd find a way to sell asap, and drive your son from your new housing to school until the end of year.Most school districts wil let them finish out the year,regardless of where they may move to...

Best of luck

    Bookmark   October 30, 2008 at 6:29AM
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I think it's time you got yourself a lawyer, not the one your husband's using, because this may only be one of a number of things you need to deal with (I went through a similar situation very recently) and you need someone to not only be 'looking out for you' but who really understands the ramifications of everything you do regarding finances, etc. now. It is too easy to go on taking your husband's word for things (and assuming good intentions) as you've always done, but you can no longer continue to do so, as I also discovered.

    Bookmark   October 30, 2008 at 6:54AM
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When I was getting a divorce I pretty much agreed that the house needed to go so we both could move on. At one time we'd gone to court because my ex wanted his best friend to be the agent; I said no way & won.

Do you have an attorney? If so, you have a workable offer, I would take it to the judge and anticipate the judge siding with you to sell it now while you have an offer.

As a buyer, there's no way I'd wait that long. You're talking 6 months, the value of the house could go down. Look at our old house, we started at $239,9 ended at $207k

Good luck deciding what to do.
Sorry about your marriage.

    Bookmark   October 30, 2008 at 7:02AM
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i do have my own lawyer but she has been incommuacado for the last two weeks. Called on 21st was told she was out of office until following monday, 27th. Called 28th was told again she would be out of office until following monday. when I complained was told she had death in the family. Asked when and was told just this past weekend. Son wants to stay with father.

Property is kind of unique as horse farmette but yes value could slide and/or husband could back out again. That's why I am thinking bird in the hand to get both committed on paper. Thinking of countering with her contingecy waving in March.

    Bookmark   October 30, 2008 at 7:13AM
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Diane, call the attorney back & demand they get you someone to deal with this. While you think it's a bird in hand; buyers are changing their mind all of the time, I wouldn't let this slip away, especially when they offered $5k more before. By the time March comes they may say take another $5-$10k off.

Get out and get out now. If the buyer gets wind of the divorce problems they may say forget it because there may be problems due to that. IIRC, Sparksals house was a divorce property, she almost told them to take a hike.

    Bookmark   October 30, 2008 at 1:55PM
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I agree, call your attorney NOW and set a date. Or get a new one. Protect yourself first. And make sure he/she is a real estate attorney.

    Bookmark   October 30, 2008 at 5:03PM
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This sounds like a typical story in the beginning, IÂm in Georgia and earlier this year I fell behind in my home loan payments. The bank is unwilling to modify the loan which I find quite strange because I have strong and stable cash flow. The only way for me to have the loan reinstated is by coming up with the cash to pay for all of the missed payments.

What happened next was unexpected. I received an innocuous letter from a lawyer at the bank saying that in the Subordination Agreement the bank had mistakenly used an erroneous date and also a wrong property in the recording information for the Security Deed which describes the security interest.

They ask that I sign 3 different forms and send them back in a prepaid envelope. The first is an Acknowledgement of Service paper, the second is a Complaint for Reformation, Declaratory Judgment, and Equitable Relief paper and the third is a Consent Order between myself and the Bank.

Should I just sign these papers and return them to the Bank because itÂs a typical bank error? Any thoughts would be helpful.

Thanks, Topi

    Bookmark   October 31, 2008 at 7:42PM
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Agree to nothing and do nothing until you speak to your attorney. If your attorney is unavailable for weeks at a time, get a new one.

If you want your son to graduate in the same school district, stipulate that the home will not be put on the market until June 2009. When I got divorced, we did not sell (or market) until after my son graduated from high school. Instead of allowing your (soon to be) ex-husband to play games, have it all spelled out in your divorce agreement. Spell out at what point an offer must be accepted (and, if you feel your market is tanking have it be what a market appraisal would be minus 5%). My ex-husband almost killed our house deal over $250! You can stipulate that only your husband is required to bring money to the table (if needed), you split money to be brought to the table (if needed), only you bring money to the table (if needed), you split profits, etc. Everything is negotiable as terms of your divorce.

For this you need a good attorney. Do what is best for you and your son.

Best wishes. :-)

    Bookmark   October 31, 2008 at 10:53PM
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