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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26984
Experience:  Began practicing law in 1992
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Years ago, I bought a house which was a short sale from a friend,

Customer Question

Years ago, I bought a house which was a short sale from a friend, to let them continue to live in it because they were losing it. Now we are selling the house and they are refusing to leave. Do i have any criminal liability because i bailed them out. Looking to take them to court to get them out of the house, but want to see what my exposure is, if Any.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

Did you lie about anything or do anything other than buy the house and allow them to live there?

Customer:

I signed a paper saying that i did not know them

JD 1992 :

Who gave you that paper?

Customer:

The banks lawyer, from the closing 3 years ago

Customer:

I did them a favor, and unfortunatley it bit me back, now im selling the house and they wont leave so i want to make sure i have no problems

JD 1992 :

Did you sign that before or after the closing? And was this the bank that you were buying it from or the bank that was financing it?

Customer:

During the closing, the bank who owned the house

Customer:

I am trying to find the paper now to confirm, didnt realize how quick this would be

Customer:

is it possible to pause this session

Customer:

until i find it so i can give all details

JD 1992 :

Sure. You can leave it and then come back to it.

Customer:

ok give me 5 mins i am finding it now

Customer:

thanks so mcuh

JD 1992 :

Just don't respond to this and I think it will send you an email so you can come back to it. Just to be sure when I see you exit I'll post something else.

JD 1992 :

I'll be online most of the night so just post when you find it and I'll come back to it as soon as I can. Wait in chat after you post.

Customer:

ok so i think its the bank of the short sale

Customer:

i cant find the document anywhere

Customer:

worst case scenario what is my exposure?

Customer:

Hello?

Expert:  Dwayne B. replied 1 year ago.
Are you there?
Customer: replied 1 year ago.

Yes


 


 

Expert:  Dwayne B. replied 1 year ago.
I think the website is having problems right now. Do you want to continue in this question thread? I had to switch it from Chat to get it to respond.
Customer: replied 1 year ago.

Thats fine

Expert:  Dwayne B. replied 1 year ago.
Go ahead and tell me about the agreement you signed. If the website crashes I will be back with you as soon as it come back up.
Customer: replied 1 year ago.

Ok the agreeement i signed from the short sale bank said that i agree that i have no connection, relation, association with the current owners.


 


Which i did, and are still there.


 


There was no consequences stated


 


So basically looking to understand what NY state laws are on this

Expert:  Dwayne B. replied 1 year ago.
The bank could claim a fraud in the transaction although I don't think it would stick. What that agreement basically does is prevent someone from using a "straw man" to buy the house for them for less than they owe. In your case while it is a technical violation the bank didn't suffer any harm and the other party didn't benefit via your purchase so I don't think you really have anything to worry about.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26984
Experience: Began practicing law in 1992
Dwayne B. and 19 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks alot for your help. Appreciate it.

Expert:  Dwayne B. replied 1 year ago.
Glad to be of assistance. Best wishes to you.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

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