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Court complicating our mortgage

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by housebuyer, Feb 22, 2005.

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  1. housebuyer

    housebuyer Law Topic Starter New Member

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    Okay, first off, we are renting a house in which we have a verbal agreement to buy for 90k. We started renting from our landlord in 5/03. She stated that when we decided to buy the house, the price would be 90k. We were discharged from a chapter 7 in 12/02. In the bankruptcy, a mortgage was included and we used the "keep current" option until we decided to let the house go back in 5/03. My wife and I want to buy the house we are in, and the landlord wants to sell to us. There are a few "situations" that are "complicating" this sale for us and we desperately need advice.
    To start with, back in 7/04, we were ready to buy the house and started the process. After the appraisal came back, we got stopped dead in our tracks. Our landlord called and told us that her estate lawyer that handled her husband's case had mislead her. A couple years before we started renting from her, her husband died without a will. The estate lawyer said it would not be a problem if she ever wanted to sell the house. But when she called him back up in 7/04, he said differently. She now has to get a court order by petitioning the court to allow her to sell the house, all because her husband did not have a will and died in NC, so the house was legally split between the surviving spouse and child. Then she also states that the court will not let her sell the house much, if any, below appraised value. I am not an appraiser, but I believe (for reasons too detailed to get into) that the house will not appraise for more than 90k or so for the court.
    Our credit reports do not list the foreclosure. We have told the brokers we are dealing with that we refuse to hide the foreclosure on our mortgage app. After all was said and done, we had one broker who could get the loan done.
    We had found a broker who asked us to put our verbal agreement to buy into a Contract for Deed agreement, dated back to 5/03. That way, she got us approved for a refinance loan.
    Oaky, now for the questions:

    1 If in fact the court ordered appraisal comes in at 90k, which is 10k less that the broker ordered appraisal, will the court have a problem with the 10k difference in the appraisals?

    2 Will the court have a problem with the landlord entering into a sale agreement in 5/03, which will be well before the dated court order the landlord has yet to obtain? Or will the court treat the date of the completed execution of the contract as the sale date?

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