I am (was) buying a house and am having a hard time getting documentation to prove that my student loans are being discharged due to a disability. Because of this the escrow was extended until 6/25/2012. I put over $2000.00 in repairs into the house and also forfeited my honest money. The owner and I entered into an agreement that I would rent the home until the escrow closed and I moved in in April. I also paid a $500.00 deposit last month. The rent is $850.00. Now the owner is stating that he will not sign another extension and he will actively start selling the house beginning next month. He reported that I can stay month to month until the house is sold. Do I have any recourse? Do I have to move out? Can I get any of my money back?
Country relating to Question: United States
State (if USA): Oregon
I sent an email to my real estate broker asking her if I could get any of my money back. No answer so far.
I will be very happy to try and help you today!
Can you tell me a bit about the difficulty you are having obtaining documentation? (i.e. is your bankruptcy attorney not being responsive, if you were represented by legal counsel, or are you having difficulty with the Court clerk to obtain records).
Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
The Total and Permanent Disability Corp (Nelnet) had difficulty getting my loans back from the issuing institution to discharge. Both places are part of the Dept of Education. The mgr of the Nelnet program assured me last week that the situation is cleared up and I should have the documentation very soon, possibly by Jul 1. The extension for the escrow is 06/25/12.
Thank you so much for this opportunity to try and be of service to you today.
Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.
I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.
QUESTIONS: "Do I have any recourse? Do I have to move out? Can I get any of my money back?"
ANSWER: First of all, please allow me to say that I am deeply sorry for your circumstances. Here is how this works. I would love to say that the law is favorable to your position and affords a great solution. However, I just have too much respect for you as a customer to mislead you or provide you with false information. In this instance, someone has to bear the fallout from not being able to timely provide the required documentation. The law does not place that onus on the seller, meaning you are stuck with it as the buyer. In other words, the seller is under no legal duty whatsoever to agree to another extension. Likewise, other than for honoring any stipulation provided in your contract, the buyer is not required to refund any additional monies. It is a harsh and bitter pill to swallow, no arguments here, and please believe me I often disagree with the law. All I can do is to accurately report it to you, which I have done even though it brings me zero pleasure to be the bearer of correct yet discouraging news. The very best you can do is to try and make the June 25th deadline. Otherwise, there is just no lawful way to force or compel the seller to agree to further extension.
I truly hope all works out for you.
If you would like any additional information or have more questions please do not hesitate to ask! Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
I have one more question. Since I am disabled does that impact the amount of time I have to move out? Your rating will be the highest one given. Thank you for time and expertise.
Hello again,Thanks for writing back -- good to hear from you.
You are quite welcome -- my pleasure to be of some service!
Many thanks in advance for your favorable rating of my work -- greatly appreciated!
I shall be very happy to comment further -- please see below.
QUESTION: "Since I am disabled does that impact the amount of time I have to move out?"
ANSWER: You have raised a very logical and understandable point. I so wish the news was more encouraging, but it is mixed in this sense. If you were being discriminated against in housing on the basis of your disability, then yes certainly the law affords protections to one in your shoes. But, if the seller is complying with the law otherwise, in other words not signaling you out for disparate unlawful treatment on account of your disability, then no the law does not provide any such protections. I am so truly sorry to have to be the bearer of what I fully realize is discouraging news. There is, I deeply regret to say, not mechanism which will afford immediate relief given the upcoming deadline. If you do suspect unlawful discrimination, however, you can certainly file a complaint, realizing it will be handled within later time frames and will not serve to impose any automatic extension, sorry to say:
State of Oregon Civil Rights Division.
Take care and thanks again for choosing our service!Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
Relax. Let's work together. Practical solutions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).