Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Wraparound note: new buyer of a motel signed a wraparound note.

Customer Question
Seller had failed to disclose...
Wraparound note: new buyer of a motel signed a wraparound note. Seller had failed to disclose the sale to his bank. New buyer entered into wraparound note agreement with seller for over 6 months. since taking over the motel, buyer has made all of monthly payments on a time.
Now, Bank is threatening to be paid in full or bring foreclosure against the seller and forwarding a letter of demand to a new buyer.
If bank proceeds with foreclosure, can a new buyer file an injunction in a state court and request that the buyer to be allowed to arrange a loan to pay bank in full ?
Buyer needs about a year or so to arrange the loan to payoff the current bank.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
4/26/2016
Real Estate Lawyer: J. Warren, Lawyer replied 1 year ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
Verified
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Insurance fraud is when a person performs a deceitful act with an intent to obtain an improper payment from an insurer. What you described is not a fraud if the work was performed that the insurance covered and you did not pocket extra money. All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).
Ask Your Own Real Estate Law Question
Real Estate Lawyer: J. Warren, Lawyer replied 1 year ago
Sorry computer glitched to another question.
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago

hello,

It appears to me that your reply does not relate to my question-Wraparound note.

Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,090
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I sincerely ***** ***** the technical issue, it is a site bug where answers to another question appear in the wrong place. It has been reported, but not yet fixed and I am truly sorry.

If this wraparound note violates the seller's mortgage agreement, the buyer cannot sue the bank to stop them from calling the loan in due in full. The buyer would have to sue the seller to make the seller either finance the property or refund all of the buyer's money plus damages suffered by the buyer for this improper sale. The buyer has not had any contract with the bank, so they cannot go after the bank (although they can try to negotiate with the bank to assume the mortgage or work out some other deal to stop the bank from foreclosing), the buyer has to sue the seller, since this is a breach of the sales contract.
Ask Your Own Real Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,090
121,090 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a copy of someones mortgage, and was looking to see
i have a copy of someones mortgage, and was looking to see what we could leverage in the agreement to do seller financing or have myself assume the mortgage. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
I recently purchased a 1st. position mortgage in, New
I recently purchased a 1st. position mortgage in Elizabeth, New Jersey. The mortgagee is delinquent and will not pay, I want to start foreclosure proceedings but I found out that the mortgagee had pre… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
According to RESPA.... can a realtor send a mortgage loan
According to RESPA.... can a realtor send a mortgage loan officer a printed marketing checklist to help them with their marketing efforts as a promotional tool for the realtor? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a three acre parcel, with an outstanding mortgage of
I have a three acre parcel, with an outstanding mortgage of about $25K. I want to pay off the mortgage and sell the property for cash to my son, who may develop it in the future. What legal services, … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Is it legal for a mortgage lender to require the borrower to
is it legal for a mortgage lender to require the borrower to cancel credit cards as a term of qualification? This in effect forces them to hurt their credit worthiness for the future by unseasoning cr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
298 satisfied customers
I have a mortgage with a lender that I am not comfortable
Good morning. My name is***** have a mortgage with a lender that I am not comfortable with. Since 2015 I have been trying to move my mortgage over to an escrow account knowing that I was going to reti… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My mortgage company is charging me an unknown fee that is
Second opinion] My mortgage company is charging me an unknown fee that is unusual. My loan was transferred about a year ago. My previous mortgage company never use to charge me this type of fee. Is th… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Second Mortgage with a bank different than the first
Second Mortgage with a bank different than the first mortgage holder . Second Mortgage holder just sent me a letter stating I had 14 days to clear this up, or they would begin foreclosure proceedings.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A tenant moved out and left numerous damages to the rental
A tenant moved out and left numerous damages to the rental home. Does this automatically breach their contract? And are they entitled to any of their Security Deposit. I have photos and estimates. Hou… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In a mortgage on a condo that is jointly owned by where both
Second opinion] In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x