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Selling Our Home, Bought a home, agreed to contract , seller declares Bankruptcy AHH!

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T

tagnetti

Guest
What is the name of your state? Delaware

Hello all, I am hoping I can get some sound advice here. I have an ugly situation, here it is:

I have sold my home and am due to settle on the sale of my home on March 19th, I am supposed to settle on the purchase of the other home right after that, Here is the bump.

The seller got divorced, The wife decided to file bankruptcy at the end of February. Now we are told that there is no way myself, wife and kids can buy this home on March 19th, but maybe can move in if the seller signs a right to occupancy form or something.

We were also told that there is no guarantee that the house will not get tied up indefinitely and that even if we move in to the premise we may be forced out.

With that said we are waiting on the prior tennants to decide our future on whether or not they will LET us stay in the home prior to settlement. So I know one thing on the 19th We're out of our home. I don't know where we are going.

The realtor says he has never seen this in 20 years, just our luck. Also after speaking with the real estate attourney , they told us that the seller is not really breaking their contract. That stuns me, how can that be?

To top it off a bankruptcy attorney told us the same thing.

SO basically we kept up our end , they did not and somehow they did not break it. Now we are told if we break it we are at fault and can be sued.

Not to metion that this is time sensitive. If it does not go through in a month we will have to re-process all paperwork with our underwriter and will lose our locked in rate.

Can someone please advise. Thanks so much

Tom Agnetti
 


HomeGuru

Senior Member
Re: Selling Our Home, Bought a home, agreed to contract , seller declares Bankruptcy AHH!

tagnetti said:
What is the name of your state? Delaware

Hello all, I am hoping I can get some sound advice here. I have an ugly situation, here it is:

I have sold my home and am due to settle on the sale of my home on March 19th, I am supposed to settle on the purchase of the other home right after that, Here is the bump.

The seller got divorced, The wife decided to file bankruptcy at the end of February. Now we are told that there is no way myself, wife and kids can buy this home on March 19th, but maybe can move in if the seller signs a right to occupancy form or something.

We were also told that there is no guarantee that the house will not get tied up indefinitely and that even if we move in to the premise we may be forced out.

With that said we are waiting on the prior tennants to decide our future on whether or not they will LET us stay in the home prior to settlement. So I know one thing on the 19th We're out of our home. I don't know where we are going.

The realtor says he has never seen this in 20 years, just our luck. Also after speaking with the real estate attourney , they told us that the seller is not really breaking their contract. That stuns me, how can that be?

To top it off a bankruptcy attorney told us the same thing.

SO basically we kept up our end , they did not and somehow they did not break it. Now we are told if we break it we are at fault and can be sued.

Not to metion that this is time sensitive. If it does not go through in a month we will have to re-process all paperwork with our underwriter and will lose our locked in rate.

Can someone please advise. Thanks so much

Tom Agnetti

**A: both the real estate and the BK attorney's were correct.
And both of them should have advised you to file a request with the BK Trustee to approve the sale of the property. If the underlying mortgage is not current , the BK stays any collection/foreclosure activity until a relief of automatic stay is granted.
 

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