Thank goodness this isn't Washington. It's Fairfax, Va. I would get clear title in a trustee's sale. I finally bit the bullet and called my real estate lawyer. She pointed out that even if the owners accept my offer, the lender doesn't have to postpone the foreclosure, which is set for May 24, and then the foreclosure would wipe out my contract. She says I should either get the lender/trustee to agree to postpone the foreclosure, or withdraw the contract. I was thinking that if the agent knows that I know about the foreclosure, he may tell the sellers to accept, and I need the contingency in place.
What I would love is if I knew, absolutely knew, that the ex-wife was not going to agree to the contract or co-operate, then I would withdraw the offer and try my chances at the foreclosure sale. I fear, however, that the other people with an offer outstanding will be able to negotiate a deal if I withdraw my offer, which I understand is higher.
Have to ponder this. I will contact the people who are also stuck on the defaulted note, the prior owners (the present owners assumed the note), and see what's up with them. They may be able to give me the scoop.
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