Real Estate Fraud
Seattle, WA
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Posted about 1 year ago in Residential
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A year ago we purchased a house with a lease option. We put $42000 down and a purchase and sales agreement was drawn up along with the lease option agreement. We have been paying our "rent" regularly to our Real Estate Agent/Mortgage Broker/Landlord. Last week we were notified that for the last 4 months he has not paid his mortgage on the house and it is in default. We also found that he had not registered the sales contract with the county. He is also filing bankruptcy. What can we do?
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Answers (3)Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted about 1 year ago.
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This falls under what Washington calls "Equity Skimming". It is a crime. You need to get yourself to competent legal counsel right now. It is possible you are going to lose the house - so, the sooner you find and retain an attorney, the better.
Somebody is going to have to review this contract in order to advise you properly. As to the equity skimming, you need to talk to the police. If you are about to take a hit because of his intentional conduct, you may be able to argue that that part of his bankruptcy should not be discharged. If you are in King County, consider contacting Helmut Kah in Woodinville. This is just the sort of thing he likes to do. Hope this helps. Elizabeth Powell Shelly Crocker
This attorney is licensed in Washington.
Posted about 1 year ago.
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I agree with Elizabeth that you need a lawyer, fast, probably one who works in the bankruptcy field. You will have a claim and will also need to file a lawsuit very quickly to protect your interests. In bankruptcy, you have a very short time to file a complaint. If the seller was employed by an agency, you may have other parties you can pursue to recover damages. You might also have some luck working directly with the mortgage holder, or buying the house out of foreclosure.
In addition to Avvo, the National Association of Consumer Attorneys lists local lawyers who deal with these issues. Make sure whoever you consult has significant experience in bankruptcy, since the procedures are a little different than in other court systems. Eugene Andre Ahtirski
This attorney is licensed in California.
Posted about 1 year ago.
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Normally you would file a lawsuit against the seller immediately to protect your rights, but since he is filing bankruptcy you will have to seek to obtain a bankruptcy lawyer and go after him in the bankruptcy case for fraud as that is NOT dischargable. Of course, all this assume he has assets, as a judgment with no ability to recover will not be of much worth.
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