How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8524
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

After going through a personal tragedy I immediately began

Customer Question

After going through a personal tragedy I immediately began a house search for my 4 daughters and myself. I was not making good decisions and went through deep depression. I signed a contract to purchase a house, upon my ability to get a loan. I truly thought with the cash amt, value in property, I could do this without my husband's help. Didn't get the financing by closing date but was offered by seller, an extension. I let the contract expire without signing it. Seller has sued me, Judge Bertram agreed with him, that I intentionally applied for financing knowing I needed my husbands signature on the contract and loan financing. I truly did not do this. My only focus was to find a home for my daughters and myself, to get us settled before the next school year began. Do I have any recourse other than being forced to buy the house per Judges' ruling?
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Did you have an attorney in this proceeding?

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

JD 1992 :

If you want to discuss this real time please wait here in Chat after providing an answer to the above question and I should be with you in a few minutes.

Customer :

Yes, I do have an attorney however, I don't feel he was assertive enough at the hearing. He said the opposing attorney

Customer :

sorry, hit wrong button. picking up where I was....the opposing attorney 'had' us with his opening statement. He knew it as he gave my attorney "a look". This is my attorneys view of the hearing.

JD 1992 :

This is kind of an unusual ruling by the judge. Usually if financing falls through then the contract is null.

JD 1992 :

At this time you have the choice of appealing the order, asking for a new trial (same judge though), or filing for bankruptcy.

JD 1992 :

How are you going to buy the house if you can't get financing?

JD 1992 :

Are you still there?

Customer :

yes they said I could have re applied for a different loan using the equity in the house I was buying..that is after I signed the offer of an extension

Customer :

seller's attorney used a previous ruling to state his case. I don't know what it was but his point was, I knew before applying that I couldn't get the loan without my estranged husband signing, which I didn't know about. I thought and the loan officer thought, that I could get the loan using my cash $110k and the equity in a house I owned, purchase price was $82k. I didn't qualify for this loan and we only had 4 weeks to begin with,before closing. I asked a local attorney if I had to sign the extension seller offered. He stated I did not have to sign and let the contract expire. At that time, there was 3 days left before expiration.

JD 1992 :

I tend to agree that you did not have to sign the extension. The judge had to make a finding that way to force you to buy the house which indicates something no kosher was happening.

JD 1992 :

However, your choices are appealing the order, asking for a new trial (same judge though), or filing for bankruptcy.

Customer :

I was not able to speak directly to the judge but I really wanted to know why would he or anyone, would think that I would put myself and my daughters in that situation intentionally?? They are making me buy the house, sell it at court house door with me paying the difference between selling price and amt owed by seller or...bankruptcy. I am 64 yrs old, raising my adopted daughters, ages 9-14, and they are taking everything I have left from my inheritance, am on SSI getting just over $600 a month.

JD 1992 :

You aren't allowed by the rules to talk directly to the judge, unfortunately.

Customer :

my attorney said if I appealed I would be instructed by the judge to 'put up' the amt $170k until the case was settled. This could, according to him, take as long as 18 mts or longer with the possibility of me loosing, owing around $250k or more. I don't have the ability to put this amt up and even if I got the loan, I could not make the monthly payments, without the girls father making the payments for me. I truly was in such a state of depression that I had not thought this through when I signed the contract

JD 1992 :

The attorney is correct about the bond, although I can't speak to the amounts. Have you spoken with a bankruptcy attorney yet?

Customer :

no concerned they would take the house that is paid for plus my $110k. my attorney said if I had gotten good advice from my realtor and put the usual $500. as a deposit this law suit would never have happened.. I don't feel I have gotten a fair decision from the Judge, especially since his uncle was the attorney who advised me to let the contract expire and not to sign the extension. Small town family politics vs someone not local.. Is this your advice, follow my attorney's advice? admit to intentionally sabotaging my own loan application, ..intentionally... , with prior knowledge that my spouse had to sign contract and loan application, action that would cause me to loose my deposit and put myself in this horrendous situation ? My daughters and I have suffered mentally, emotionally, and financially this past year, something that I would have NEVER knowling put us through.

JD 1992 :

I'm not sure where you got the impression I was telling you to admit to anything. I was answering your question " Do I have any recourse other than being forced to buy the house per Judges' ruling?"

JD 1992 :

Your available recourse is an appeal, a Motion for New Trial, or a bankruptcy.

JD 1992 :

You can also refuse to buy the house but that will only result in a judgment for the value of the house and then they will begin trying to seize assets.

JD 1992 :

Since I don't have access to the full record of the trial as well as all the documents I can't give you any idea as to the chances of success on appeal.

JD 1992 :

If you don't want to follow your lawyer's advice, or don't trust him, then you probably need to hire another attorney to review everything and advise you as to your chances on appeal.

Customer :

I don't consider bankruptcy an option..., my attorney is wanting my spouse to make an attempt to buy the house, not appeal as he doesn't think I would win the appeal. If I did appeal, as you stated, I would face the same judge and what would make a difference by doing so?

JD 1992 :

No, an appeal would go to a different court.

JD 1992 :

The other court would review the evidence as well as your judge's ruling.

Customer :

thank you....

JD 1992 :

Why would you rate this as Poor Service? I have spent over an hour online with you and answered all of your questions.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.