Expert, localized Los Angeles answers provided by Heather Roy

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Surprise Foreclosure

  Mrs. Lank: My wife and I entered into a contract to purchase a house on November 2. We did everything we were supposed to do. We paid for an engineer's inspection and appraisal (total cost $635). The city foreclosed on the property on November 17. Obviously, the owner knew that the city was foreclosing, yet he still went ahead with the sale and we incurred additional costs.

I asked my attorney about this and he has not responded. Is there any way I can recoup our $635? Should I contact the State Attorney General's office, or the county District Attorney?
 
 

My guess is that it’s not practical to try collecting from that seller, who probably has lots of other problems and no money. The seller’s agent, who should have known about the pending foreclosure and disclosed it, is another matter. Small claims court might be a good place to find out what a judge would think

 

 

    Edith
Originally published on May 6, 2006
 
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