Would appreciate the forums take on this mortgage situation

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I know we've had our issues in the past. But we've came a long way, and I genuinely believe that to be true. Help me sort this one out.

I recently got married. Currently looking for my first home. Because my wife's parents screwed her credit up the loan is entirely on me. I have a 775+ credit score was approved for 300k, although I have no intention of going that high on my first home.


Looked at about 10 houses on Saturday. One of them, a house that has been on the market for only 11 days, had essentially everything my wife and I are looking for (no need to bore you with the details of our preferences). This house was priced at 259,995. Everything comparable to this home that we have looked at has been more expensive, and in many of those cases we had to give up more of the things we were looking for. Turns out, it was a nasty divorce and both parties wanted to split ways as quickly as possible. We put an offer in that day at 6pm of 253,500. They quickly countered to 255 and I accepted. Strangely, their agent would not put this into writing. He told my agent that he only wanted a verbal agreement right now and would put into writing in the morning. HOWEVER, there was someone else who had first right to the house (they had to sell theirs first), and the sellers agent made the people give up their first right that night, implying further that he had accepted our offer. Next morning I get a call from my agent telling me someone else put an offer on the table this morning, and now we have one shot to give our highest offer. First, if that's the case, the original people should not have had to give up their first right yet. And while it isn't illegal, it is definitely unethical to accept my offer then also accept another. Further, by sending the original potential buyers the release on their first right the agent is implying that our offer was accepted, even if it wasn't in writing.

So, I discuss the situation with my agent and we both agree that while unethical, it would be tough to push this situation to a courtroom and also risky to ruffle the other agents feathers when we really want this house. So, I go along with it and counter with the full offer price on the home, 259,995. I figure, I end up spending 5k more than I should have to (since my 255 offer was accepted) but oh well in the long run it's not the end of the world. At this point, the sellers have until 9pm to decide which offer to take. It's 11pm and I still hear nothing. I call my agent and he tells me he's been trying to reach the sellers agent for hours through phone calls, texts, and emails with no answer. Finally, at midnight he gets a text from the other agent which he forwards to me. "Sorry my phone has been off. They took the other offer, it was above asking price"


As sketchy as this whole situation went down it prompts me to do a little research today on this other agent. Turns out he pled guilty in 2012 to Mortgage Fraud to the tune of over 5 million dollars. He and several others were writing false loan apps then taking the funds for the approved loans for themselves. Now, two years later, he's back in the business? Seems bizarre to me. I got this information from the FBI website btw.

I understand at this point I'm not getting this house no matter what. Oh well, there are other fish in the sea. But I really don't want to lay down and let this guy walk away that easily conducting business like this. Should I take any further action at this point or just chalk it up as bad experience and stay away from any other houses this agent is selling in the future?
 

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If you take action against him..... move against your own agent as well ..... just for him being a jackass.

Sorry about your situation Justo.

Just to lighten your mood. Russ will probably have a BIG, HUGE, BET BOTH NUTS type pick for tonight. You could win enough to buy a whole subdivision. Russ might find his next BIG game where another outfielder is pitching, like this afternoon, and he can "LOCK" down on that!
 

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Just to lighten your mood. Russ will probably have a BIG, HUGE, BET BOTH NUTS type pick for tonight. You could win enough to buy a whole subdivision. Russ might find his next BIG game where another outfielder is pitching, like this afternoon, and he can "LOCK" down on that!


lol
 

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Handicapper
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Nothing verbal matters.
They are going to take the highest offer in the end regardless of any handshake agreement.
Decide how much you are willing to pay and make your offer.

Most people will put up a $1000 or so binding option on the house but you did not do that so you are screwed.
Verbal agreements are worthless.
 

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Just to lighten your mood. Russ will probably have a BIG, HUGE, BET BOTH NUTS type pick for tonight. You could win enough to buy a whole subdivision. Russ might find his next BIG game where another outfielder is pitching, like this afternoon, and he can "LOCK" down on that!


lol
 

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The forum is doing some crazy shit today. This is the message I just got "This forum requires that you wait 5 seconds between posts. Please try again in 282 seconds."

And I only replied once to packers message
 

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Nothing verbal matters.
They are going to take the highest offer in the end regardless of any handshake agreement.
Decide how much you are willing to pay and make your offer.

Most people will put up a $1000 or so binding option on the house but you did not do that so you are screwed.
Verbal agreements are worthless.

The 1000 dollars was actually part of my written offer, they simply never signed their end, only accepted verbally.

Of course nothing verbally stands. However it was illegal for that agent to force the original people to give up their first right before they had physically signed the written offer. So, when he did that he essentially implied that our offer had been accepted.

I know i'm screwed as far as getting this particular house, no big deal. But this agent is sketchy as all get out (as proven by his past record) and he shouldn't be allowed to prey on people and continue to conduct business this way in the future.

I'm so confused also how this guy didn't lose his licenses after being convicted of fraud.
 

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The 1000 dollars was actually part of my written offer, they simply never signed their end, only accepted verbally.

Of course nothing verbally stands. However it was illegal for that agent to force the original people to give up their first right before they had physically signed the written offer. So, when he did that he essentially implied that our offer had been accepted.

I know i'm screwed as far as getting this particular house, no big deal. But this agent is sketchy as all get out (as proven by his past record) and he shouldn't be allowed to prey on people and continue to conduct business this way in the future.

I'm so confused also how this guy didn't lose his licenses after being convicted of fraud.

Sounds like a real scum.

If you really love the house you just need to bite it and do what it takes.
Nothing you can do about it.

You should have demanded everything was written down on a contract.
 

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Sounds like a real scum.

If you really love the house you just need to bite it and do what it takes.
Nothing you can do about it.

You should have demanded everything was written down on a contract.

I feel content losing it after offering full asking.

I think when a lot of people get into a bidding war it becomes more about winning then anything else. Then later on they regret overspending. That's not a situation I wanted to end up in.

The guy is definitely scum. My agent filed a complaint with the board and I figure I can at least give the guy some bad reviews at a minimum.
 

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My brother went through a similar situation 2 years ago when he was told that his bid was accepted & then got a call that someone had outbid him 2 days after he was told the house was his & he was putting down a nice chunk of cash as a down payment......he had a few choice words for the agent.

2 weeks later, the people backed out & the agent came running back to my brother & my brother told him.to take a flying ****

My brother called his lawyer friend asking if he could do anything to the agent & the lawyer said its unethical but not illegal........

Lots of shady deals go on in the realty business......
 

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My brother went through a similar situation 2 years ago when he was told that his bid was accepted & then got a call that someone had outbid him 2 days after he was told the house was his & he was putting down a nice chunk of cash as a down payment......he had a few choice words for the agent.

2 weeks later, the people backed out & the agent came running back to my brother & my brother told him.to take a flying ****

My brother called his lawyer friend asking if he could do anything to the agent & the lawyer said its unethical but not illegal........

Lots of shady deals go on in the realty business......

I think this probably sums it up perfectly.

And I would do the exact same thing your brother did if the other deal fell through
 

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The forum is doing some crazy shit today. This is the message I just got "This forum requires that you wait 5 seconds between posts. Please try again in 282 seconds."


When I first read your post about crazy shit...... I just assumed you were referring to guys making BIG plays on pitchers that were really outfielders (not even pitchers)!
 

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first, most agents are members of the local board of realtors. the board
has much better and quicker leverage in this type of situation. at worst
they will now have your complaint on file and best case something
might hapeen that will punish the agent or benefit you. file a complaint
there.

second , call or have you agent call the agents broker (assuming he is not a broker agent)
and complain aggressively about the way this transaction has proceeded.

third, contact a good real estate attorney. he might be able to file a
motion that will prevent this transaction from being completed. this will
get everyone involved in this sale's attention. your leverage
in this scenario goes up tremendously. you might get the house, they might
pay you to go away, or you might get squat. a good attorney can discuss
the merits of this case with you.


all of the agents/brokers should have E+O (malpractise) insurance.
from a legal standpoint, the agents are considered experts and you are
considered to be an idiot. this works to your advantage here.

finally, your agent is a schmuck for not insisting on getting everything in
writing ASAP. a good agent would of smelled a rat immediately and
worked aggressively and quickly to protect YOUR interests. if this
transaction isn't consumated, strongly consider changing agents.

hope this helps.
 

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Handicapper
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first, most agents are members of the local board of realtors. the board
has much better and quicker leverage in this type of situation. at worst
they will now have your complaint on file and best case something
might hapeen that will punish the agent or benefit you. file a complaint
there.

second , call or have you agent call the agents broker (assuming he is not a broker agent)
and complain aggressively about the way this transaction has proceeded.

third, contact a good real estate attorney. he might be able to file a
motion that will prevent this transaction from being completed. this will
get everyone involved in this sale's attention. your leverage
in this scenario goes up tremendously. you might get the house, they might
pay you to go away, or you might get squat. a good attorney can discuss
the merits of this case with you.


all of the agents/brokers should have E+O (malpractise) insurance.
from a legal standpoint, the agents are considered experts and you are
considered to be an idiot. this works to your advantage here.

finally, your agent is a schmuck for not insisting on getting everything in
writing ASAP. a good agent would of smelled a rat immediately and
worked aggressively and quickly to protect YOUR interests. if this
transaction isn't consumated, strongly consider changing agents.

hope this helps.

Part of the problem is party A got screwed over before party B(Justin) did.

They screwed party A before they screwed party B to accommodate party C.

JC should have never even been allowed to get screwed in the first place
 

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was this around Indy area find out if the other agent smokes pot and plays poker :think2:
 

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Part of the problem is party A got screwed over before party B(Justin) did.

They screwed party A before they screwed party B to accommodate party C.

JC should have never even been allowed to get screwed in the first place

very true
 

schmuck
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party A probably had a contingent offer based upon the sale of their home.
when a new offer comes in they have a small window of time to proceed with
their original offer and drop their contengency. they did not get screwed, they
made a mythical offer based upon certain events happening and were unable to
perform. the demand to get them to drop their contingency is usually done in writing
(both the request and reply) to protect ALL parties. also that buyer usually has
24-48 hours to respond. this whole transaction reeks and i would think a knowledgable
real estate attorney would like this case.
 

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