I am in the process of doing a short sale in tx here  is the problem in TX they have a rule where the property can be sold with out a judgment,  there is a sale date and i need time to arrange
the short sale .the question who do i go to halt the sale date the bank or the trustee
who in charge of liquidating the property. if i do not stop the sale i will not
have time to do all the steps to get the SS approved Ideas i need ideas how can
i cloud the title, I am in the home  as a
renter and i want the house but not at the amount he owes.

do i get the deed, do i do a subject to, can i do a subject to /short

i need ideas

How should i do this one ?????

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Comment by Jeff Payne on October 17, 2011 at 4:16am

Richard, are there any Realtors involved in this?  Not sure about Texas but in Florida, clouding the title isn't going to do you much good and it may harm the seller if there is a due on sale clause in their mortgage which there most likely is.  Why not present an offer to purchase the home through an experienced short sale realtor

Comment by Bryant Tutas on October 16, 2011 at 10:10am

Richard.

Actually Harry's response is spot on. It's the owner of the property that needs to take the steps to avoid being foreclosed. But to answer your question and assuming you are authorized in writing to act on the sellers behalf, you will need to try and contact the lender and the trustee and see if they are receptive to halting the sale. Submitting a complete short sale package including the purchase agreement may help. You may want to seek legal advice.

 

I have deleted your last comment as there is no reason to be name calling. The only thing wrong with Harry's initial response to you is that is wasn't what you wanted to hear. It was just his opinion and is in no way a personal attack against you as yours is towards him.

 

Please keep it civil.

Comment by ALLAN ARTHUR on October 16, 2011 at 7:41am

Communicate with ALL Parties do not assume Communication between the bank and trustee. you do you loose.

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