Legal Question in Real Estate Law in California

I have the following question: Is it against the law on a short-sale property to directly contact the lender and present an offer?


Asked on 6/29/10, 9:35 pm

3 Answers from Attorneys

No, unless you are trying to disrupt a contract between the owner and another buyer, but I'm hard pressed to think of what the point of making a proposal directly to the lender would be.

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Answered on 6/30/10, 12:44 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's not against the law, but the lender isn't the seller, has nothing to sell, and for that reason is not in a position to accept an offer to buy. At most, the lender might give you an indication as to whether they will approve a sale at that level, but my belief is that the lender would tell you to deal with the owner/seller. After a foreclosure in which the lender is the high bidder, it's obviously a different matter.

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Answered on 6/30/10, 8:27 am
Anthony Roach Law Office of Anthony A. Roach

I agree with the above responses, but point out that there is nothing illegal in you contacting the lender and mucking up the transaction.

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Answered on 6/30/10, 5:05 pm


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