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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I have bought a house five month ago , at the closing day I

Customer Question

I have bought a house five month ago , at the closing day I went to the lawyer office signed everything and at the end they told me there is one paper missing so it would be sent back to the bank will be corrected and will get to the lawyer office within an hour. So I said ok we finished everything they gave me the key and I moved in with my family. I waited , waited and start asking question about the paper and I find out the paper that was missed at the closing day was the offer letter that the bank sent to the agent expired on friday and we sign the contract on monday, I didn't know that at that time ., but I had been trying to contact my agent and their agent about my issue since I have moved in to the house but I keep getting run around . I have a correspondance letter showing that some one in the saler agent were negligence . Now the bank turn around said they are changing their mind about selling the house with orginal price but higher, what should I do, I am so confued and so m
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, has anyone asked you to vacate the home?
Customer: replied 6 years ago.
no but they are saying not to agree to the orginal price.
Expert:  MShore replied 6 years ago.
Hello, who is saying not to agree to the original price?
Customer: replied 6 years ago.
This is a short sale that I forget to mention first, and the bank agent said the bank is not going to sell the house for the orginal price that we signed and agreed and moved in to then house. The probelm is as I mention first, on the closing date ,the banks offer for the orginal price had expired on friday when we were in the lawyers office signing the closing papers on monday. and we were told one paper was going to sent back to the bank and corrected . They were not even told us about it until we moved in to the house and spend more money on the house.
Expert:  MShore replied 6 years ago.
Thank you, XXXXX XXXXX contract that you signed contain a purchase price? If so, that is a binding agreement between you and the bank.
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Customer: replied 6 years ago.

yes the binding contract expired on friday when we went on the closing on monday to the lawyers office . we were told one paper would be sent back to the bank and corrected. I found out it was the purchasing contract that had expired . Now the bank saying unless we add $5000.00 they are not going to sell the house.

Expert:  MShore replied 6 years ago.
thank you, XXXXX XXXXX the paper not present when you went to closing? In any event, because you went to closing on the home, I assume papers were signed granting you an ownership interest in the home and the deed was presented to you.
Customer: replied 6 years ago.

Because the closing contract expired before the closing day but still they let us sign all other paper works and gave us the key . When I called the lawyer office last week about the situation they told me I don't own the house. when I asked them why did let us sign all the documets their answer was they were told by the agents it would be corrected by the bank and would be returned within an hours but it didn't.

Expert:  MShore replied 6 years ago.

thank you, XXXXX XXXXX as you signed the documents in good faith, without knowledge of the their expiration, the sale is binding on the bank. You probably however should consider retaining counsel to draft a letter to the bank to enforce the contract before this matter gets out of hand. If the bank's counsel is contending there is no contract, your counsel would need to argue otherwise so that the bank does not try to continue to push on this issue.

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Customer: replied 6 years ago.
Are you saying I could sue the bank and the agents . I don't have any lawyer yet and the one I talked asked me a lot of money , what choise do I have to stop this madness. They are preparing to let me agree to add $5000.00 more on the house and start all over again for closing.
Expert:  MShore replied 6 years ago.

Hello, I am saying that you can sue the bank to enforce the terms of the original agreement. Your choices are to either accept the $5000 increase, or file suit to enforce the terms of the original purchase.

Customer: replied 6 years ago.
how much do u think lawyers charge me to represent me in GA atlanta ? or Do you know any lawyer who is specialized on this kind of situation.
Expert:  MShore replied 6 years ago.

It would likely cost at least $2000, and yes, consider the firm of Towsend, Lockett, & Milfort: http://www.townsendlockett.com/Civil-Litigation.html

 

 

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