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seller took out a mortgage and didn't notifiy me by certified mail or make me superior lean holder can I sue to cancel and restition for my down payment and payments made
1 ANSWER
If you recorded your interest, your rights are superior to the mortgagee, because it was on notice of your interest when it made the mortgage loan. If you didn't record it, but your contract with the seller prohibits him/her from mortgaging the property or granting any interest superior to yours, you can sue the seller for any damages caused by the breach, or to rescind the sales contract. Either way, depending circumstances you haven't gone into, you may be able to recover your down payment and payments made.
Answered on Nov 13th, 2014 at 3:24 PM