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Did you have an attorney in this proceeding?
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Yes, I do have an attorney however, I don't feel he was assertive enough at the hearing. He said the opposing attorney
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.
This is kind of an unusual ruling by the judge. Usually if financing falls through then the contract is null.
At this time you have the choice of appealing the order, asking for a new trial (same judge though), or filing for bankruptcy.
How are you going to buy the house if you can't get financing?
Are you still there?
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
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.
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.
However, your choices are appealing the order, asking for a new trial (same judge though), or filing for bankruptcy.
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.
You aren't allowed by the rules to talk directly to the judge, unfortunately.
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
The attorney is correct about the bond, although I can't speak to the amounts. Have you spoken with a bankruptcy attorney yet?
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.
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?"
Your available recourse is an appeal, a Motion for New Trial, or a bankruptcy.
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.
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.
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.
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?
No, an appeal would go to a different court.
The other court would review the evidence as well as your judge's ruling.
Why would you rate this as Poor Service? I have spent over an hour online with you and answered all of your questions.