TIP: Review the title policy for any exceptions or
judgments against the sellers that might derail the closing.
In such states, the lender can not pursue a deficiency
judgment against a seller for any deficiencies after a property is foreclosed.
They must check for Mortgages,
judgments against the seller, bankruptcies, and make sure all taxes are paid up.
The property must be appraised, as well, so that the short sale offer can be evaluated by the lender against the pending mortgage, the possible foreclosure, and the probability of a deficiency
judgment against the seller / borrower.
Examples of disclosures pursuant to § 1026.38 (k)(2)(viii) include the satisfaction of outstanding liens imposed due to Federal, State, or local income taxes, real estate property tax liens,
judgments against the seller reduced to a lien upon the property, or any other obligations the seller wishes the closing agent to pay from their proceeds at the real estate closing.
Not exact matches
The
judgment is among the largest ever issued
against a foreign nation under the Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein
Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie & Hart.
Successfully defended leading
seller of home fitness equipment
against patent infringement and state law claims relating its distribution of popular fitness equipment in which district court granted summary
judgment and Federal Circuit affirmed.
The
seller regularly remains liable to the bank when the property is sold for an amount less than the outstanding capital on the bond and protection of his credit record, by evading
judgment against him.
The trial court entered summary
judgment in favor of the
Sellers and dismissed the lawsuit
against the Broker.
Seller sues his own agent for costs of all law suits, any
judgments against him, and all legal costs.
The
seller lost the appeal and was left to pay the whole
judgment because no recovery was possible
against the agents (The listing salesman had moved to the United States).
In the claim
against the
seller, the court granted default
judgment for Plaintiffs and awarded $ 2,000 in statutory damages.
(For example, what if the
seller gets a
judgment against him?)
Peltonen v. Halstead Property Corp. (10 Misc.3 d 130A)-- small claims
judgment in favor of broker dismissing
seller's action
against broker affirmed; evidence supports a finding that broker satisfactorily performed its contractual obligations and that
seller suffered no damages as a result of broker's «defective» services;
seller's condominium apartment was sold within one month of the parties» listing agreement and at a purchase price exceeding the asking price in a co-brokered transaction.
Brown & Son Realty v. Greenberg (195 A.D. 2d 583) broker causes suit
against buyer and
seller; summary
judgment granted to buyer, as no contractual relationship; question of fact as to procuring cause re:
seller.
Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary
judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the
seller rejected; no cause of action exists for commission
against buyer in second transaction where
sellers agreed to pay the brokerage commission
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata;
judgment rendered in civil court between buyer and
seller is not controlling in administrative proceeding
against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a
seller's agent is derivative;
seller's agent must make the same disclosure to a buyer that the law requires a
seller to make; disclosure by
seller's agent to buyer's agent of the condition of the property as known by
seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed
¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence
against the
sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Para
sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary
judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or
Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Para
Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).
If the purchase money loan for any type of real property is financed by the
seller and secured by that same property, the lender /
seller may not obtain a deficiency
judgment against the defaulting borrower / buyer..
The
sellers and their broker moved for summary
judgment on the buyer's claims
against them, and the trial court granted their motion.