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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111449
Experience:  Attorney experienced in commercial litigation.
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Need advice concerning the selling of my home that is

Customer Question

need advice concerning the selling of my home that is delinquent on taxes, water, loan. We are currently in contract and they have not produced a mortgage for 5 months and my fear is that they are scamming me into further delinquencies (water, taxes and loans) in order to foreclose on the house and them keeping home by making those payments instead of an outright purchase? we are in the nyc area.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: a contract of sale - Office, Commercial and multi family residential premises has been drawn up
JA: Have you talked to a lawyer yet?
Customer: the realtor recommended the lawyer we are using and we are suspicious of a conflict of interest.
JA: Anything else you think the lawyer should know?
Customer: my lawyer is never available for any questions I have regarding this sale
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us regarding this matter?
Customer: replied 3 months ago.
my question is if they continue to postpone closing and I become further delinquent on the house and I'm forced to foreclose can they take the house by paying my owed obligations (taxes water, loan etc...)
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
If they keep postponing closing, this is a typical tactic of many lenders to try to foreclose, you are correct. They typically keep asking for the same documents over and over or saying the same documents are missing and they extend time to allow them time to actually foreclose. If they are playing these games you need to put them on notice to try to force them to close or agree in writing not to foreclose. This is something you need to get your attorney to negotiate with them if they are just making excuses to extend the closing though, because this is definitely a common tactic they use to delay a closing on a refinance to foreclose.

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