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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
HELP! I want to buy my home....
      #33428 - 09/24/05 11:03 AM

Separated since June 2004 in CA. My husband wants me homeless and refused my offer to buy-out jointly owned residence where I live with 2 kids. Judge ordered the home listed on the market. My father and I made an offer at the list price of $520k, using my interest as a down payment. My husband refused. Can a judge order him to sell it to me? Help!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
Carpal \'Tunnel
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Reged: 06/02/04
Posts: 7972
Re: HELP! I want to buy my home.... [Re: allison]
      #33600 - 09/26/05 09:04 PM

Alrighty...and you'll need to double check what I say...but my understanding is, if a property is on the market for a certain price, it is FOR SALE. If you make an offer satisfying all the terms of the contract...for instance...list price, open dates and no conditions, the seller's are required to sell. Now, that's a sticky situation, but that's my understanding(I'm a Realtor). Laws vary by jurisdiction so I would advise you to seek the advice of a good Real Estate Lawyer.....and I wish you luck!

BTW....no conditions includes a clause conditional on finacing. Be certain that your financing is in place...and proceed full steam ahead!!

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.

Edited by Spring (09/26/05 09:06 PM)


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! I want to buy my home.... [Re: Spring]
      #33756 - 09/27/05 05:34 PM

Thank you for your response! Yes, the home was to be listed for $520k, the judge even stated the defects must be disclosed and a buyer can ask for consideration. We (my father and I) have asked for the defects to be corrected prior to close of escrow. I have provided a list and contractors quotes, the appraisal also noted all the defered maintaince.

We also offered an option that the house could be sold as is for $20k less (since the defects include extensive plumbing, roof, carpenter bee infestation, termite damage, paint and carpet allowance, and the big one is a mold problem behind the 1 bathtub. These costs will exceed 20k and we, as the buyer take on the burden of having to complete the repairs. He's dumb not to take it.

He did not disagree any part of the offer itself. They rejected because my interest serves as the down-payment. They know his interest will get held by the court, as it should - he wants it in his pocket! Mine is in the home so I dont get it "in my pocket either". The judge can order the home NOT be sold until the case settles, so I don't get the money before him (not that I will owe anything) but he wants me to cough up an extra 180k on top of buying the house!

It makes not sence but this judge is SO unbelievable, I dont know what to expect. We need to rely upon the law, an real estate attorney said he couldnt help, but I will relay what you are saying before court tomorrow - we filed ex-parte to compel the sale to my father (ie, on my behalf) Thanks again - I really value your input!!!!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
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Reged: 06/02/04
Posts: 7972
Re: HELP! I want to buy my home.... [Re: allison]
      #33772 - 09/27/05 07:36 PM

Okay...again, you need legal advice, but if you are putting in any conditions, he can refuse to sell. The disclosure of defects and your request that they be corrected prior to closing is a condition. That could give him the 'out' he needs to refuse your offer.

Please post what happens...I'm kinda interested :-)

Oh, and about your interest serving as the down payment...get the financing approved and omit tha from the contract. If you have the funds in place, he can't object to how you finance it if its not a condition.

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.

Edited by Spring (09/27/05 07:44 PM)


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! I want to buy my home.... [Re: Spring]
      #33794 - 09/27/05 08:40 PM

He didnt object to anything except that my interest is the down payment. I even wrote in a term that neither party would determine where the net proceeds would be placed, whether in the pockets of the parties or in trust with the court or attorneys - please understand, the sale of the home usually happens either after or very close to a settlement conference or trial - unless both parties desire the family residence to be sold. None of those conditions apply.

He is making NO objection to the content of the offer, ie defects corrected, his responisbility to pay all sales commissions, ONLY, that my interest serves as a down payment...He is afraid that the court will hold his interest, as mine is in the property, and he cant go out an spend it and then say he has no money for spousal/child support or attorney fees.....

I spoke with a real estate lawyer this afternoon and he says, in other cases, a seller cant contest a full price offer based on the financing - unless there is question of its legality (ie drug or laundered) - but this is family law and - WORST OF ALL - its California.....

I am in paralegal school at USD (resulting from my need for job training but motivated by disgust at the practices I have experienced with my two prior attorneys). Even the "kids" who are just going into the proffessional workforce for the first time(and never married) say that they wished they had taken Business/Enviornmental instead of General Litigation, solely because of the Family Law section. Most of them swear they will NEVER get married or, if they do, never divorced in CA !!!!! Isn't THAT comforting....I will keep you posted. Thank you - Amen for your comments, I am out here all alone, and it seems there are snipers in the trees! And I will let you know what happens in court tomorrow!

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
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Reged: 06/02/04
Posts: 7972
Re: HELP! I want to buy my home.... [Re: allison]
      #33804 - 09/27/05 10:49 PM

Thanks for the update:-) Good luck in court...I'll watch for your next post!!!

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! I want to buy my home.... [Re: Spring]
      #33809 - 09/27/05 11:15 PM

Thanks again - check tomorrow - I sure appreciate the forum for some support - tough times

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
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Reged: 06/02/04
Posts: 7972
Re: HELP! I want to buy my home.... [Re: allison]
      #34156 - 09/29/05 02:33 PM

Allliiisssoooonnnnn.....

How'd it go in court??

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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allison
newbie


Reged: 09/24/05
Posts: 44
Loc: So Cal
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: Spring]
      #34246 - 09/29/05 08:35 PM

Really SUPER! I got downtown San Diego to my attys office, signed some docs. Drove down to court - threw a million quarters in the meter. Walked 3 blocks - mind u its hotter than hades (90's october heat wave) and I just ran a marathon getting my kids set up at home, rather than drag them down there - so Im basically in jeans and a t-shirt (the same jeans I was wearing that morning to dig up my lawn and find a frigin' leak in the mainline - so now my hair is pulled back because I cant take a shower and now Im late...)

When I looked at the docket it said go to another court house.....so I moved my car, put another gazzilion coins in the meter....I was hoping my judge got hit by a bus but, alas, he took on another judge's cases - there' another 3 hours of my life and time with my kids -

So now the judge has like 12 cases on the afternoon calendar - they stuff it til next week. That would be great if I had running water in my house. I was hoping to get the judge to agree to the listing price offer and get a plumber out here today, knowing it was a part of the "defect cures" he was ordered to pay 1/2 of (like $1,600.00) (I get $1,000.00 spousal/child per month pending trial)

What is the most hilarious is that he filed a restraining order and now is complaining to the court that he doesnt want to pay a plumber to fix the defects since he is one allegedly ("apprentice" plumber making $10/hr - yeah right - try engineering manager making 100k plus during the marriage) and could fix the defects himself....well dude, make your bed and then lay in it....he claims I am trying to scam him because I want to get a "licensed contractor" not a $10.00 per hour apprentice to fix the problem....

--------------------
Its always darkest just before it goes pitch black" - www.despair.com


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Spring
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 7972
Re: HELP! Heres a funny drama for you! Enjoy.... [Re: allison]
      #34260 - 09/29/05 09:07 PM

Well, that just sounds like a great day!! Sorry to hear it went like that. Do you have water yet?? What's the restraining order for?

BTW....about 24 hours up the coast from you, we had torrential rains :-) Now why couldn't we send some of our percipitation down your way to deal with those raging fires??

Well, I'll check back with you next week to see how it goes!

Hope you get to relax tonight :-)

--------------------
Never consider the possibility of failure; as long as you persist, you will be successful.


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