Ask Me Help Desk - Paying cash for a house

I am getting ready to pay cash for a house and I am trying to find out if I have to go through closing or can I just give the seller a check and them sign over the deed. I am in Florida. I have gone on our state record sight and I can't see that there are any liens on the home or unsatified mortgages. Please advise.

You need to go through a closing. More happens at the closing then just turning over a check. You should also get Title Insurance.

There are many things required by law, now the closing can be just you and the seller ( although you should always have an attorney unless you are an expert, which of course you would not be and ask this question)

But a home of certain ages will require a lead paint notice, there should be a contract, it will spell out what is being purchases, the exact price, and what is not included. All US states that I am aware of require the purchase of a home to be in writing to be valid.

With that said, Yes I have bought some cheap dumps, 10,000 or less for a cheek and they signed the deed.

I agree w/ScottGem! Technically, you could do what you stated, but you would have no assurance of the property having clear title. There are MANY issues that could exist besides liens that would affect not only your purchase of the property, but would prevent you from ever being able to sell it, etc. Just because you pay money for the property, have the deed signed over to you, and record it does NOT mean that you have clear title to the property! My mind is racing, sitting here thinking of all of the horror stories I know about!

Call around to a couple of local title companies. If you give them the purchase price of the house they can tell you exactly what it would cost to close through them.

I do about 50 - 75 real estate transactions per year (as either the buyer or seller) and I would not even consider not running it through the title company.

Hope that helps.
Karla in TX

You and/or your attorney need to participate in the closing. In addition to what others have mentioned there are usually city and county tax stamps needed ast closing. Avoid being penny wise dollar folish, get an attorney.

Yep, you can do it. But it could cost you.

I bought a house from a guy who didn't want the expense of closing.

He came back later and said he never sold the house. He found a sympathetic lawyer who is working pro bono (no fees). One year and counting and $12,000 in legal fees later (and counting) and we still have 12 months to trial. I can't sell, I can't refinance and I have a real mess on my hands. It doesn't matter that I have a State Authorized Purchase and Sale Agreement signed by him and a Notarized Warranty Deed signed by him that has been recorded. The fact that he SAYS he never sold, is enough to catch the attention of an attorney. He is a scammer and is working the system quite well. He thinks he can get the house back without paying for it.

So sure, save a few hundred bucks. Make an attorney rich.

Quote:

Originally Posted by pacific nw

He came back later and said he never sold the house. He found a sympathetic lawyer who is working pro bono (no fees). One year and counting and $12,000 in legal fees later (and counting) and we still have 12 months to trial. I can't sell, I can't refinance and I have a real mess on my hands. It doesn't matter that I have a State Authorized Purchase and Sale Agreement signed by him and a Notarized Warranty Deed signed by him that has been recorded. The fact that he SAYS he never sold, is enough to catch the attention of an attorney. He is a scammer and is working the system quite well. He thinks he can get the house back without paying for it.

So sure, save a few hundred bucks. Make an attorney rich.

Is he claiming those documents are forgeries or what? Have you filed a counter suit to recover court costs? Have you reported his attorney to the local Bar Association?

He says he was never in front of a notary, never signed the Purchase Agreement or Warranty Deed. We signed in front of a Notary at a Wells Fargo branch. She had him present photo ID and sign her registry. She asked him if he knew that he was selling his house and he said “yes”. She then had him sign the Warranty Deed and I gave him money and we left. Wells Fargo did not fund the transaction, only acted as a notary. I assumed his mortgage. He said he has cancer and asked if he could stay at the house while he was undergoing treatment. I told him “yes”. Big mistake. No good deed goes unpunished.

He is from Panama and came here in 1971 at 17 years old. He is given special treatment locally because he is a minority. He calls himself “black Hispanic.” He is here illegally. He is a felon with a local Domestic Violence conviction and claims to own a gun, which he says he will use.

My attorney seems either not to care about these facts or is waiting for the deposition to be done before making his assessments/comments. Is this typical? I get no response from him on these points. I did file a counter suit, but since he claims to have no money and no resources, it is unlikely I will recover anything. He is just buying time. I can’t evict him until this is resolved. He is living “Rent Free” in the house and hopes to either get the house free and clear (fat chance) or get a proposed settlement from me.

His attorney filed a Temporary Restraining Order (TRO) which requires a $500 bond. He was given three days to post the bond. When he didn’t, the TRO became null and void. At another strategic point for him, his attorney again filed a TRO claiming again that he was “unemployed” and that he shouldn’t have to post the $500 bond. He works “under the table” as a Salsa and Rhumba “DJ” at several local clubs for cash and is quite well known in that circle. He is making several thousand dollars a month that is “unreported”. (I’m not certain that his attorney is aware of this point.) His TRO states that he is “unemployed”. It seems to me that he is perpetrating a fraud on the court regarding this. How do I bring it to the Court’s attention?

How many times can he file a TRO and then let it drop before the court says “enough”?

I like the idea of contacting the local Bar. That is a brilliant thought.

Any other ideas would be most welcome.

First, have you contacted the Notary and gotten a statement from her? Second, you would have to get some proof that he is "working". Maybe going to the place and taking pictures (camera phone).

I've located the Notary, but haven't approached her until my attorney says it is "ok". I have already taken pictures of him working and have copies of the promotional material for his Salsa and Rhumba classes and Gigs. I've sent this to the attorney with no response.

I guess an attorney could tell me what is proper to do outside of the "attorney client" relationship. I don't want to weaken my case by exposing information too soon outside of court or before his deposition. My assumption is that he is inclined to lie in his deposition if he doesn't know how much we already know about him. That is, if the attorney is waiting to reveal this to the judge so that the case would be dismissed with prejudice or have summary judgment, then I can wait. If it is just negligence on the part of my attorney, then I need a new attorney. Trouble is, I can't tell which of the two it is. I'd welcome suggestions.

I've requested twice to get a copy of the answered interrogatories. The attorney said he would send them, but has failed to do so. I'd like to see what questions were asked and how they were answered.

Your attorney should be discussing his strategy with you. If you have evidence that will impeach the plaintiff or a witness that wouldn't be used until that person testifies under oath.