Need A Answer? And Fast!

[robin1128]

Back in April my husband and I got us a loan to by a DW and land. We got the loan so we order how we wanted the house build, color, etc.... It had to be builded just right for this piece of land, Because the land not that big (that what we wanted). Anyway the house came in and we were ready to set the house up on the land. The man we bought the land from would never call us back or the loan company so we could tell him we were ready. Well he finially called and said the land had a lean on it and he was going to have to go though his bank and refinance it again and we still get the land after the bank approve it. Which he said it have been approve twice and it had to go though one more step. Now that was over four week ago. And I spoke to the man last weekend and he said he spoke to the woman at the bank and she had the paper work on her desk and we should know Monday that was last Monday Sept.13. And guess what nothing. We can't afford to buy another piece of land some where else. We can't afford to have every thing done again that you have to have done to get land. And the way the land is layed out our house is made for just that piece of land. And other people don't think the way the house is builded it would look good anywhere else. We had the house builded with the front door on the end instead of in the middle of the house. I quess what I am asking is there anything we can do. So far all we can do is wait, oh yes we also lost the 8.000.00 we were suppost to get for buying a new home  just because of this man. We need some kind of answer. Thanks ofr listen.

[dkanofsky]

You need to ask a real estate lawyer that question.

[MeliM]

First of all let me say that I am truly sorry that you are having to put up with this.
I agree that you need to seek legal help ASAP.  A lean is generally placed against something when the owner has failed to pay what he owes on something.  The property is then held as security until what he owes has been paid and is therefore ILLEGAL to sale because the property cannot act as security for both items at the same time.

In this case if the owner if the property has been honest with you, he may have been hoping that he could pay off what he owed with the moneys received from the sale and either did not know about the lean or did not understand the steps he needed to take to remove it.

Whatever the case you need to seek the advice from a layer as soon as possible to find out what can be done from your end to speed the process up or if there is anyway to recoup at least some of your money.

I hope everything works out for you.

[clowntattoo]

I know you hate to spend more money, but a lawyer is the only person who can help. Maybe look for one who consults for free?

[klkwid]

The rest of the answers so far are right-you need to get a lawyer ASAP.  I would think that you should be able to keep the land as long as the bank approves the amount that guy sold it to you for.  It will ultimately be up to them, though.  Did you pay the guy directly for the land, or is it as a loan through another bank?  If it's a loan, at least the money isn't "gone" yet-if you wrote him a check from your savings or gave him cash, he may be lng gone, then I don't know if you'll be able to recover that money. 
Good luck with this!  It sucks that there are so many dishonest people in the world   He should have disclosed that there was a lein on the land.

[jordandog]

I can't believe you and your husband put out one penny before you had a search and history done on the parcel of land! That is standard in any real estate transaction. This guy was just waiting for a sucker to come along and you did. Get yourself a lawyer, you should have had one to begin with in a situation like this, and see what you can get back - good luck.