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

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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.

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?

Are you there?
Customer: replied 3 years ago.

Yes


 


 

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 3 years ago.

Thats fine

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 3 years 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

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. and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thanks alot for your help. Appreciate it.

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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