Dept. of Justice wha?? HUH!?!?

#31
I would think that with a money laundering prosecution looming over a household, the circumstances would be pretty apparent
Click to expand...

OH, I see what you are saying! Perhaps the case/arrest was in the news.

Maybe it wasn't though. Plenty of this happens and is never in the media for various reasons.

Both those agents are losing big commissions, they wanted this deal to close.
 
#33
Pearl is absolutely correct, as a Realtor in Miami for many years saw this happen a few times. Rico and the dept of justice have 100% claim on that house- and all other possesions-In the two cases I was involved in, my clients gave up buying the house and we moved on to another property.., The Florida Association of Realtors Contract ascertains certain period of time to clear title after which buyer can walk......you will get all your money back, it is a sad situation, but it could be worse, back in the 80's I sold a house and the feds claimed the house after my buyers had bought, closed, moved in, etc., now that was horrific......but they had all the right in the world to take the property., you know, there are telling signs which most realtors can sense when something is not quite as it should be and there is definitely a pencil search that at that point the buyers attorney could do, actually, all public records are that, public, any individual can look up the person they are buying from under Recorded Public Records to see if something like liens, judgements, etc., exist on their property, it is a free of charge service of your state or the federal gov't.
 
#34
The real estate seller probably did not know until a contract was being established.

Its hard to say without knowing the entire circumstances, and just a guess, but the seller may not have yet been found gulity when the house was put on the market, and was just being watched/investigated, for example, collecting bank statements, watching the activity of the house, such as if the house was put on the market, etc.

I am assuming that the seller was found quility... so action is now being enforced. To be honest, it is better that it happened now, and not before the deal went through. If this happened, you could have lost everything. I just hope the house was not bought thru laundered money to begin with, because than it may be auctioned (worse case scenario).
 
#35
habanerita said:
Rico and the dept of justice have 100% claim on that house- and all other possesions-In the two cases I was involved in, my clients gave up buying the house and we moved on to another property.., The Florida Association of Realtors Contract ascertains certain period of time to clear title after which buyer can walk......you will get all your money back, it is a sad situation, but it could be worse, back in the 80's I sold a house and the feds claimed the house after my buyers had bought, closed, moved in, etc., now that was horrific......but they had all the right in the world to take the property.,
Click to expand...

Habanerita,

This was my fear. I work in the law enforcement end of this, and that was my first concern when I read about this. The more I think about this, the more I think Chag would be better to move on... :sad:
 
#37
And by the way, one thing Pearl, you are wrong on one count, the sellers disclosure is not only about the house, condition, etc., but at least in the State of Florida, one of the questions that they must answer is, do you know of any legal action, liens, judgments etc that might affect the property........I am quoting from memory, since I am not at the office..........to say no to this while knowing is certainly a fraudulent action on Sellers part, not an ommission, but a fraud.
 
#38
habanerita said:
And by the way, one thing Pearl, you are wrong on one count, the sellers disclosure is not only about the house, condition, etc., but at least in the State of Florida, one of the questions that they must answer is, do you know of any legal action, liens, judgments etc that might affect the property........I am quoting from memory, since I am not at the office..........to say no to this while knowing is certainly a fraudulent action on Sellers part, not an ommission, but a fraud.
Click to expand...

habanertita,

You are right! It varies by state. Where I am, the disclosure/disclaimer has to do only with the conditions/past problems with the house. The house alone. They can get by that by signing a form that the house is for sale "As Is."

I should not have posted it as fact, so much differs from state to state!!!!!

You were very right pointing that out...thank you!:flowers:
 
#39
Oh no, Chag!!

I don't want to tell you to give up, but I would start looking at other options in the mean time. Don't totaly pull out of your contract - but maybe start looking for another house that you fall in love with?

I really do hope everything works out for you. The house is absolutely gorgeous (the landscaping is my favorite as I haven't seen the inside, lol!) and I definitely can sympathise with how you are feeling.
 
#40
I didn't read through all the replies, so I apologize if I'm repeating what anyone else said.

Who in God's name did your title search????? The title searcher should have found this lien on the property when he/she did the title search! Did you go through an attorney? If so, the attorney usually reviews the title search to make sure they're aren't any issues, and to ensure the title is clear. Your attorney should have found this and told you about it months ago!

The Department of Justice absolutely has the right to get a cut of the house first. I had a friend that something very similar to this happened to. The US Marshalls had a lien on property that she purchased. It took over a year and a half to get everything straighted out!

Good luck on this one. If it turns out to be like my friend's situation, you're in for a long wait.
 
#41
Roo thanks for your help, I appreciate going out of your way for a fellow PF'r. Many many thanks to you. I sent my DH an email telling him to give it to our atty to look into and that I want some kind of *promise* on paper from the DoJ that after the close there will be nothing that can touch us or the property. If that can't happen then I don't think we will be able to close the house. I can't think of anything worse than of someone being able to come and take your home. I'll keep all of you updated on what happens, I am awaiting a call from the realtor. There should be more known closer to the end of the week. Bless all of you for the help and kind words.
 
#43
Pearl, what state are you in???, in Florida you can sell or list your house as is, but, you must still answer the house questions on the disclosure form stating what you know of the house's condition. Even though it is as is, you have to disclose every defect you are aware of, and every repair you may have done to correct it, not cosmetic problems but latent defects, a form selling as is does not take away the sellers responsibility to disclose, disclose, disclose...and, same applies for realtors, if we notice something that is a defect or find out a defect we must disclose to all parties or we might be dragged into a lawsuit.....whether you are a transaction broker, buyers agent, or any kind of an agent in a sale. Granted, many times you are faced with sellers that do not disclose defects, legal or in the construction of the house or are simply not aware of a problem which cannot be readily seen.
 
#44
Ok well Dh just called... I am getting little bits and pieces here and there. The house had a lien on it from the husbands atty's trying to get back his defense dollars. I don't know how his trial ended up or what it was for. And then the DoJ heard wbout the lien and slapped a writ of 'something' essentially saying *this property is ours till we agree to give it back* and now I am waiting for the rest.
 
You must log in or register to reply here.
Top
Back