Legal Question in Real Estate Law in California

Real estate

I am purchasing a home that was foreclosed by the bank and given back to fannie mae we have just found out that fannie mae has not been put on the title we have gone past our escrow date and we have to be out of our current resident in 1 week what can i do the title company has known about this an email was sent out on 3-10-09 to have fannie mae put on title but we did not find out until 5-19-09 they are working on it but have no time frame


Asked on 5/22/09, 8:31 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Real estate

You need to read the purchase contract you signed and/or have it reviewed by an attorney. Most purchase contracts for REO, or bank-owned properties contains an escape clause for the bank in the event that there was a defect or problem with the foreclosure sale resulting in the bank not having clear title to convey to you. In that case, you have no option except those provided for in the agreement, which may allow you to cancel, or may allow you to remain in escrow until they can convey clear title. In either case, its unlikely that your contract gives you the right to any sort of damages for their failure to close in a timely manner. In theory, you are buying the property below market, and so the give-and-take is that you may experience delays just like this.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/22/09, 5:00 pm


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