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futurelawyer09

Required to Disclose Pre-Foreclosure?

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I was in the process of buying my first home in Texas last September. The owner/seller and I initially agreed on numbers, but as the closing date approached he became very hostile and combative. We had agreed that I could move in a few weeks before the closing date rent free. Stupidly, I failed to put this agreement in writing and I also failed to get a realtor. As the closing date approached, the owner/seller demanded rent, even though he hadn't before that point. Our conversations was very heated, and he decided to call the police and have me forcibly removed for trespassing. The trespassing case was dismissed because the DA was satisfied that I had been given permission to reside there pending the closing date. I soon found out the real cause of his sudden change of behavior. To make a long story short, the home was foreclosed upon two weeks after my arrest. and I never knew that the owner/seller was in any form of distress at the time we were negotiating. The date of my arrest was the last day I physically resided in the property. The day after my arrest, he rented the property to subsequent tenants. Was the owner/seller required to tell me that the home was in pre-forclosure or could have been subject to a short sale at the time we were negotiating?

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Do you mean you failed to put the rental aspect of the agreement in writing? I trust you don't mean to say that you didn't put the *purchase* agreement in writing.

If the home was actually foreclosed upon, then he'd no longer techhnically own the property any longer in order to rent it to someone else (you also mention "pre-forclosure" at the end of your post).

The purchase contract you entered into presumably represents and warrants, as they typically do, that the seller will deliver the property to you free and clear of all liens. Up until the time the lender forecloses, the owner is free to contract to sell the property.

You also don't bother to say that the guy refused to go to closing on the purchase, or what you did about that (never mind the whole false arrest angle). This is what's more odd about the post.

If you had an actual purchase contract, you should talk with a local real estate attorney about going after him for the breach (never mind the false arrest).

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