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TRUTH Exposed

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

This is an update on a recent post entitled:

 Lights are on but no one is home - Qualities of a dedicated listing agent

As it turns out the Sellers of the Blossom Valley San Jose CA home have no intention of selling. They are buying "more time" and plan to let the Blossom Valley home go into foreclosure.  Apparently only the wife is on the loan and only her credit has been tarnished by the lack of mortgage payments for over one year.

The master plan is that they want to save even more money. The husband is in the process of qualifying for a loan to buy another San Jose CA home!  The sellers seem to feel that they only have the bank to deal with and they don't really care about the bank and are prepared to let the bank foreclose. They intend to stay in the San Jose Ca home until the Sherriff kicks them out. That won't be the end of it because they have rented a room. This means there is a tenant in the property too!

Not so fast there Mr. and Mrs. Seller.

  • We have a legally binding contract with the buyers
  • You have more to be concerned about than just the bank you don't care about.
  • Buyers expect full performance of the contact
  • If you think the buyers will simply walk away with no consequence - think again.
  • Count all the money you have saved over the course of a year or so and watch it disappear as the buyers file a claim against you
  • Suggest you think long and hard before you decide not to sell and not to move.
  • Suggest you provide a key and allow access
  • Suggest you start packing and begin to move because the buyers and agent will not participate in your planned activity.

Sellers were served with a Request for Contract Performance yesterday, including notice of intention to seek damages, urging them to get moving. No pun intended.

Listing agent confessed that this is the fourth time this has happened to him on a short sale listing.  The listing agent is now pursuing small claims court actions for commission.  No doubt there is a better way - like qualifying sellers before taking the listing.

I imagine this type of activity may grow to epidemic proportions.

What are you experiencing in the areas your serve?   

San Jose Real Estate Agent - Certified REO Specialist - Certified Short Sale Specialist

KD Realty San Jose Ca

 

Copyright © 2009, All Rights Reserved by Kathleen Daniels *TRUTH Exposed*

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DRE#01366594

I specialize in probate real estate.
As a Certified Probate
Real Estate Specialist
my focus is on helping Executors and Administrators
avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments(9)

Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

I hope the buyers follow through with legal action.  Unbelievable!   This type of thing has to be stopped.

Aug 12, 2009 08:04 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Crazy out there isn't it.  We did have one foreclosed (yes it was already foreclosed) listing that it took 6 months to get the folks out.  There was a tenant involved also and it even the sheriff did not evict the tenant with a court order in hand.  Crazy I tell you.

Aug 14, 2009 09:10 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Kris:  Thanks for your comment. We intend to get the buyers into the home no matter what it takes. The listing agent asked if we would cancel the contract.  I don't think so!!! There is something real fishy going on with this transaction. 

Tammy:  Crazy seems to now be the norm. The Listing agent nor the Escrow Office did enough forward thinking to include the delinquent taxes so now even though we have approval, we are in line once again waiting for the loss mitigator to approve the $4,000 tax shortfall. Thanks for your comment.

Aug 14, 2009 09:32 AM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Kathleen --- this is an interesting scenario. Keep posting on the development.

I am seeing this too, but I haven't been in the unpleasant situation of dealing with it.

I was approached by someone who wanted to do this --- same scenario --- but I thought it was so dishonest to buy another house in the wife's name, and let the house in the husband's name foreclose because they didn't want to go through loan modification or short sale.

 

Aug 16, 2009 04:54 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Pacita: I have encountered several homeowners who played the loan modification game … got the loan modification … then did not make the third month payment which bought them even more time to save even more money to buy something else in another family members name.

Aug 24, 2009 08:03 AM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

If you are thinking of buying or selling property in San Jose, California The Villages Realty strong recommends Kathleen Daniels!  She is an excellent agent and will represent you well.

Nov 05, 2016 01:57 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Knowing Kathleen Daniels as a very informed, well respected Realtor, Eagle Ridge Realty recommends Kathleen Daniels for all your San Jose, California real estate needs!   

Nov 05, 2016 03:04 AM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Looks like some good stuff, which is why I enjoy going over your posts.

Sep 24, 2017 07:39 AM
Nancy Frimann
Eagle Ridge Realty/Signature Homes & Estates - Gilroy, CA

Really good stuff.  I enjoy reading your posts!  Thank you.

Aug 18, 2018 07:43 AM