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I would say have your attorney call...no, write a letter to the title company giving them a deadline to either complete the closing by paying you the agreed amount, or void the sale.
If no money has been paid, there is no sale.
This is why your real estate agent or lawyer or title company needs to receive an earnest money deposit from the buyer before you sign anything. How much earnest money was received, if any? If you signed without earnest money, you were asking for a scam. You were basically giving away a free option to buy. An option to buy is worth money. Part of the scam may have been deceiving you into giving that option free.
If you think the title company might have received money, the best thing to do is ask for an immediate letter from them stating how much they received and what they know about the buyer's plans. Ask them for an appointment for you to go to their office to pick up that letter. Don't ask for the money itself, because that's way too complicated in this kind of situation. Just a letter verifying what money they received.
You should also be aware that if documents you signed are used by the buyer as part of a crime, you might somehow be construed to be an accessory to that crime, or might somehow be found liable to the victims, to compensate them for the crime. It might depend on how good a lawyer you get to defend against such actions.
What about the real estate agent. Was the agent due a sales commission ? Was the agent somehow paid ? Is the agent chasing you around for their commission that should have been paid at closing ?
If the agent hasn't been paid and is ignoring trying to be paid, it will tell you that this was all a big scam.
What about the real estate agent. Was the agent due a sales commission ?
^^^He was supposed to be paid a flat rate of $5K. Yet the papers show the agent as getting paid $5,315. And to make things even more fishy . . . the agent's name is never listed ANYWHERE on the stuff I signed at the title company. In place of his name, they have a reputable Real Estate company - in KC with the initials of R and N. I knew through dotloop that he was working with an 'agent' from R/N real estate. . . . Strange. I can't believe I feel for this nonsense. I guess just too tired and wanting to get rid of the two homes my mom gifted me too quickly . . .
Was the agent somehow paid ?
As far as I understand - no the agent has not been paid. I didn't write him a check or give him any cash. If I would have recieved my so-called 'wired funds' to my bank account -- then I imagine he would have got paid.
Is the agent chasing you around for their commission that should have been paid at closing ?
He used to email and/or talk to me on the phone about twice a day. This went on for three or 4 weeks. When I asked him 'what is going on with X stating that he is the property manager of a home that I STILL own. I asked him that via email. I have not heard a word from him in over 24 hours. His last email told me that this morning he would email me and explain what is going on. That email never came. I feel like such an idiot.
If the agent hasn't been paid and is ignoring trying to be paid, it will tell you that this was all a big scam.
OK. So, is my first step to contact the Title Company? What are some good questions/requests/commands I can make of the title company? Thank you very much.
I do have a good attorney. However, he mentioned KS law vs. MO law. . . Use an attorney or just make sure I get the ownership/title to my home back . . . blow these guys OFF . . . .learn my lesson. And start over again from ground zero? Thanks a bunch.
It seems strange that he says he's the property manager (on ads online I guess). Perhaps he intends to show the closing paperwork as proof to potential renters to scam them, or maybe even get a locksmith to let him in and change your locks. If he wanted to scam people he could just post another home that he doesn't own where no one would know to look out for him. I hope somewhere along the line this buyer did present ID for the transaction since he's not from the US. I would contact the sites where he lists your home and contact the fraud department and have them take it down.
@LifeisGood, very good advice/ideas. Thank you so much for sharing. I can't wait for Tuesday (Monday - President's Day) to get here so I can work on resolving this mess. Thanks again.
I would hire an attorney in the state where the house is located. You need someone who can represent you and practice law where the house is. An out of state attorney is useless unless he has multiple state law licenses. Have him or her go over the transaction with you and make sure that the house remains in your name.
As another poster suggested also contact the title company and ask where your funds are or if they have received any. Lots for you to do on Monday.
@Willow, Thank you for sharing your thoughts. Monday is President's Day so I am not sure if they will be open. BUT, you can darn sure bet that I will be calling them. If they are not open, then I will be calling them Tuesday.
Do you really think this 'agent' has tried to steal the house from me for nothing? That he would be in co-hoots with the Title Company? Thanks again for sharing. I appreciate it more than you will ever know.
Unless the listing agent is a broker, there is an office broker. He is responsible for what is done by his agents.
Contact the broker, bypass the agent and ask him/her what is the hold up. You will find, the broker is going to work with you, because it his business that is in danger if something shady is going on.
Also talk to the title/escrow company manager. it is time this person is made aware of they may have a problem, and that person is the one that will find out what is happening.
If those people cannot give you a sensible answer contact the state board of Realtors office, and tell them it appears on of their members is involved in something shady. They will put more pressure to get the problem solved real quick, and get back with you.
Thank you very much. I will do as you have suggested.
Dean
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