After chp 7 closed, Short sale closed on 10/31/12

[Drazil65]

We closed on a short sale for our home here as I have mentioned in previous posts on 10/31/13. A couple of days after the closing the bank came bank to us with 2 new documents that "should have been included with the closing docs". These documents are basiscally gag orders not to talk about the details of the short sale and also that we will not join in any class action suit or private suit against them or the appraisal company (this appraisal company works for the bank and did all 3 of our appraisals in 3 yrs on our brand new home).

So we have avoided the issue with them, putting them off since they approached us about it but now they are really "pushing" us to sign. A friend of ours that is a R/E attorney is doing some research as he is not familar with these too much. We told him to take his time and he has but the bank is really applying the pressure saying they will not sign off on the mortgage release if they do not get these signed documents back (I have an email). Really? It is not looking like we will be signing but want to wait until our friend gets back to us but can the bank actually refuse to sign the mortgage release? The deed has been transferred already (cash deal).

[TBA]

Wow, that sounds like a flustercuck

My initial thought is that the release of the mtg doesnt impact you (the debt was discharged?) - it is going to fall back on the current home owner and the title company (also depending on your state?)? But i dont know anything about that end of it - sounds like you should wait to hear from the atty.

[tobee43]

if the deed has been transferred already you are fine.

i wouldn't sign anything like you have suggested they want/wanted you to sign. sounds like there may be a consumer law suit out there somewhere or something pending they don't want you to be a part of. sounds like blackmail to me. they are just doing a song and dance to make you feel compelled to sign these docs. i would just tell the NO. your problem now.


i agree with TBA it's the new owners problem if any paperwork carries over that needs to be repaired. also, as TBA pointed out if the debt was discharged in the BK it's gone.

i would be more interested in finding out if there is a pending suit against them with someone and hop on board.

[BKlooker]

I am not a lawyer but I would absolutely NOT sign such a thing. They clearly effed up which is why they are pressuring you, and they know it. If the debt was discharged in BK then you are legally 100% free and clear and they can't force you to sign anything. If they start really harassing you about it, get a lawyer (not just your friend, i mean hire a lawyer) and they can probably make it go away for a couple hundred bucks.

[paulsk]

I sense something fishy with the appraisal company working for the bank. Get some expert opinion, you should not have to spend too much time or money worrying about this.

[DirkDiggler]

If your short sale has already closed then there is NOTHING the bank can do to stop the sale. It has already transferred ownership to the new owner and its a done deal. When we did our short sale after a ch 7 discharge, there was one addendum that we had to sign (it was from the buyers lender and it was presented prior to close of escrow, but we were out of the country on the date of the close, so the lender allowed the sale to close since it was their fault they didn't have the paperwork for us to sign 3 days prior to closing when we signed our paperwork and it wasn't a major document). Tell your bank to pound salt! Good luck!

[Drazil65]

Thanks for the reponses and advice. We feel there is something up with the appraisal company as well and feel the bank has a nickle in it and that is why they are pushing so hard. I do not take lightly to being told not to say anything EVER about my life experiences, feel like its my decision to talk or not to talk, I believe that is called "freedom of speech"!

We are sitting on this and its clear they are sweating at this point and stupidly putting their requests in writing (and the threats too ) so we will just let them keep digging at this point. These banks just do not get it, they do not rule the world any longer, at least not my world!!!

[helpmeout]

Personally, I would tell the bank to pound sand. They can't come after you for the mortgage. They have an opportunity to get rid of the house, they either take it or they leave it. But you aren't signing those documents.

The bank has no power here since the debt was discharged in a BK.