Real Estate

Can an "Option to Purchase Real Estate" stop or delay a foreclosure sale?
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David A. Leen

David A. Leen

Contributor Level 4
The quick answer is no; an option would not likely interest a lender to stop a foreclosure unless it is particularly attractive. For example, if the option provided for a large payment, which would go to the lender, that might be a sufficient incentive to forstall the foreclosure. A foreclosing trustee in a non judicial process (at least in the State of Washington) would need to evaluate whether the option allowed the debtor to recoup equity, but there would be continuing risk to the lender which would likely outweigh this potential benefit. Finally, the optionee might be able to file a bankruptcy and forstall the process for a month or two. Not likely to benefit anyone.
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