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Message
re: Purchase Agreement /legal questions
Posted on 11/9/15 at 10:42 pm to dragginass
Posted on 11/9/15 at 10:42 pm to dragginass
It's pretty unusual for judgements not to be on at least one of the 3 reports unless they are fairly new but I guess that depends on what sort of judgement it was.
2
Posted on 11/9/15 at 10:46 pm to GFunk
I just finished saying I wasn't going to pursue it. I'm taking stout's advice. ....
It wasn't just a deal that fell through, and it was not "a few hundred bucks". There were multiple extensions involved which were granted under false pretenses. The time wasted was my biggest problem. Yes, I'm pissed and I have every right to be. Again though, I'll sign his cancellation request and move on.
It wasn't just a deal that fell through, and it was not "a few hundred bucks". There were multiple extensions involved which were granted under false pretenses. The time wasted was my biggest problem. Yes, I'm pissed and I have every right to be. Again though, I'll sign his cancellation request and move on.
Posted on 11/9/15 at 10:48 pm to stout
I had no idea it was even probable for a judgement to show up on a credit report...you learned me something.
Posted on 11/9/15 at 10:48 pm to stout
OP was coming here looking for people to agree with him. Not to be told he wasn't justified for acting like a prick. The ironic thing is that he's obviously not all that experienced re: this stuff but his automatic response is that someone else is a POS and he should begrudge them however he can.
The first lesson I learned in my time doing this stuff is: shite happens. It's nothing personal.
The first lesson I learned in my time doing this stuff is: shite happens. It's nothing personal.
Posted on 11/9/15 at 10:50 pm to GFunk
You're the only one being a prick. When I enter into a contract with someone, I uphold my obligations. When someone Fricks around and lies to me....I get mad. Doesn't make me a prick for trying to uphold the consequences of his inability to be truthful. It isn't worth it though, I get that now.
This post was edited on 11/9/15 at 10:52 pm
Posted on 11/9/15 at 10:53 pm to dragginass
quote:
There were multiple extensions involved which were granted under false pretenses.
This happens, but you would also have to possibly prove it in court and the bad thing is that you signed extensions where you basically said you believed he was acting in good faith to obtain the mortgage. I am not a lawyer so this isn't legal advice and I might be wrong, but I have closed several deals.
I have been in your shoes FWIW and it is frustrating. I would just walk away from this one and cut your losses while they are at a minimum.
Posted on 11/9/15 at 10:53 pm to dragginass
He didn't lie. Someone didn't do their job vetting his credit or lied to him about what they were capable of doing for him. The buyer isn't fricking around or lying to you. He wouldn't have even gotten to you unless someone licensed to prevent mistakes like this didn't do their job in vetting him properly.
But you go on blaming this nefarious borrower. I'm sure he's sleazy and terrible.
I'm also sure you're an absolute peach of a guy as well.
But you go on blaming this nefarious borrower. I'm sure he's sleazy and terrible.
I'm also sure you're an absolute peach of a guy as well.
Posted on 11/9/15 at 10:56 pm to dragginass
quote:
I had no idea it was even probable for a judgement to show up on a credit report...you learned me something.
Yep. There is a public records section on credit reports and negative info shows up there.
Posted on 11/9/15 at 10:58 pm to GFunk
quote:
He didn't lie. Someone didn't do their job vetting his credit or lied to him about what they were capable of doing for him
You sure seem to know a lot about the details. I have it in writing, from forwarded emails, what he claimed the issue was..and that it would be resolved within 2 days. This was to get us to grant an extension. I also have it in writing that an active judgement was found, contradicting what he said. He lied. I'm not sure why you are so inclined to play the antagonist.
Posted on 11/9/15 at 10:58 pm to GFunk
quote:
The first lesson I learned in my time doing this stuff is: shite happens. It's nothing personal.
Yea but you have been through a lot of transactions. The average person only goes through a few transactions in their lifetime so they don't look at it the same way we do.
Posted on 11/9/15 at 11:03 pm to GFunk
quote:
He wouldn't have even gotten to you unless someone licensed to prevent mistakes like this didn't do their job in vetting him properly.
If it's a fairly new judgement then it is feasible it wasn't on his reports and was only discovered when a title company was doing their due diligence. They then let the other parties know they would not be able to give the buyer a title policy.
Lot's of variables we don't know.
I also do believe it's possible for a person to not know they have a judgement. They could have moved and never received the notices about an unpaid debt or something.
Posted on 11/9/15 at 11:08 pm to dragginass
So who do you think he's talking to? Who he's hearing that from? Are you an expert on timeframes to take care of curative actions on title issues? Guess what...your buyer isn't either.
He's going off of what he's been told at every step. You don't think he's probably got calls, texts or even emails from his end with people telling him they'll clear this stuff up?
Of course he doesn't. Even if he did you wouldn't care. Because you need someone to blame and be the bad guy. When in reality this happens all the time. Alllllllll the time. For hundreds of reasons.
Had a rate/term refi over a decade ago clear to close on a Friday afternoon and had the closing set for a Monday. Called the customer to tell him and schedule and reminded him not to buy any big ticket items.
He went out and had his credicks pulled about a dozen times looking at cars that weekend. Didn't buy but just looking at financing deals.
The lender required a credit pull 24 hours prior to close. Scores went down from the pulls and he no longer qualified. Tough call and taught us both a big lesson. His scores rebounded but it cost him real money in the wait.
Again...shite happens. Wasn't his fault. He didn't know any better.
He's going off of what he's been told at every step. You don't think he's probably got calls, texts or even emails from his end with people telling him they'll clear this stuff up?
Of course he doesn't. Even if he did you wouldn't care. Because you need someone to blame and be the bad guy. When in reality this happens all the time. Alllllllll the time. For hundreds of reasons.
Had a rate/term refi over a decade ago clear to close on a Friday afternoon and had the closing set for a Monday. Called the customer to tell him and schedule and reminded him not to buy any big ticket items.
He went out and had his credicks pulled about a dozen times looking at cars that weekend. Didn't buy but just looking at financing deals.
The lender required a credit pull 24 hours prior to close. Scores went down from the pulls and he no longer qualified. Tough call and taught us both a big lesson. His scores rebounded but it cost him real money in the wait.
Again...shite happens. Wasn't his fault. He didn't know any better.
This post was edited on 11/9/15 at 11:13 pm
Posted on 11/9/15 at 11:11 pm to GFunk
quote:
Scores went down from the pulls and he no longer qualified.
I have dealt with that too over people going to finance new furniture the weekend before they close. So frustrating.
Posted on 11/9/15 at 11:14 pm to stout
As I sit here and think about it, I can literally remember his name and even his voicemail message on his cellphone. Crazy the shite you remember...
Posted on 11/9/15 at 11:17 pm to GFunk
You'll always remember the bad deals and forget the ones that were smooth with no issues.
Posted on 11/9/15 at 11:18 pm to GFunk
You keep typing out long posts saying shite happens. I get it, I'm not going to pursue it. The buyer lied about the nature of the problem, and I have proof. Not sure why you are intent on defending him. It's not possible to have a bad debt you didn't know about....and simultaneously claim it's been paid. I'm out. Carry on.
Posted on 11/9/15 at 11:24 pm to dragginass
Long posts? How's this: Read Twitter less.
No lie, my goal was just to convince you that you're being unreasonable. Not trying to be a mind reader but going through this countless times, your reaction is BIGTIME typical and you aren't to blame for it anymore than I feel the borrower was/is.
Believe me bro...they are duped by the unscrupulous with fibs about what they can make go away a ton.
No lie, my goal was just to convince you that you're being unreasonable. Not trying to be a mind reader but going through this countless times, your reaction is BIGTIME typical and you aren't to blame for it anymore than I feel the borrower was/is.
Believe me bro...they are duped by the unscrupulous with fibs about what they can make go away a ton.
Posted on 11/9/15 at 11:26 pm to GFunk
quote:
they are duped by the unscrupulous with fibs about what they can make go away a ton.
Very true
Posted on 11/10/15 at 9:08 am to GFunk
quote:Did the buyer's loan application include the judgment as a liability? If the buyer knew of the judgment then he attempted loan fraud, and the deposit was not made in good faith. A review of the records from the case would reveal whether the buyer had contested the claim that resulted in the judgment, and would have definitely been aware of its existence.
He didn't lie.
quote:If the mortgage broker was aware of the judgment when it issued the pre-approved letter, then the mortgage broker caused the OP damage based on negative information knowingly withheld from the OP. Any claim for damages by the OP against the mortgage broker could be pursued despite releasing the deposit and holding the buyer harmless. The problem is that the OP's economic damages aren't worth the cost to pursue. But he could file a complaint with the Louisiana Office of Financial Institutions, the National Association of Mortgage Brokers and the Better Business Bureau. It won't likely result in recompense, but could provide some measure of satisfaction.
Someone didn't do their job vetting his credit or lied to him about what they were capable of doing for him.
Posted on 11/10/15 at 9:34 am to stout
quote:
I also do believe it's possible for a person to not know they have a judgement. They could have moved and never received the notices about an unpaid debt or something.
This is happening to me right now. A contractor that renovated my bathroom in a rental condo and did a terrible job (installed wrong tile, refused to admit it for 2 weeks, then had to backorder the right material, damaged my water heater and some plumbing, about a 6 week delay altogether). They refused to acknowledge the delay or negotiate at all even though I couldn't rent during their delay. I sent letters, left messages and withheld the final payment hoping they'd respond.
I am refinancing now, 9 years later, and just found out they filed a suit for the unpaid sum and got a default judgment. Their process server forged his affidavit that he delivered the suit to an address where I lived 15 years ago, I've never received a single notice and I can't get title insurance.
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