Wednesday, July 9, 2014

ISSUES IN RESIDENTIAL SALES - CONTINUED

As the author of the email noted, if a purchaser of a home is deemed a "bona fide purchaser", such sale cannot be set aside in a cause of action arising out of an abusive real estate transaction.  However, where, after scamming or otherwise abusively relieving an unwitting homeowner of his/her title, the scammer either sells the property to a third party, or encumbers the property with a loan from a mortgage lender, if such 3rd party purchaser or mortgage lender had any actual knowledge of the fraud, the sale may be set aside by a court.

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