They are really starting to PMO...

[Drazil65]

I wrote back a few months ago about how we had a successful short sale, title was changed over and recorded (NC) and the new property owners moved in November 2012. Our former bank came back a few days after closing and told us we needed to sign 2 additional documents for closing that they forgot to put in the closing package (we did not attend closing but signed everything a couple days before the closing).

The 2 documents were a confidentiality agreement (agreeing to never speak of the details of the transaction or anything the bank did or said etc...in other words a gag order). The other document was a release agreement for the bank that we would never come back on them for anything with regards to this sale etc (ie: future class action suit maybe for appraisal issues or the such).

We ignored the emails and phone calls, spoke with a friend of ours (real estate attorney) and told the bank that we were not comfortable signing these documents period.

Their legal department has been emailing us constantly telling us we have an obligation to sign these documents, they did us a favor by approving the short sale but did so thinking we would sign everything. They are pressuring us everyday, now 5 months after closing and deed recorded.

So today the attorney for the bank emails me that she is done with this game and she is calling the buyers attorney and giving him our contact information so he can call us for an explanation as to why there is not clear title. She said if she hears from me today she would try to explain to me why we have to sign these papers so that I understand. I do not plan on contacting her.

We have been told that the deal is complete and it is our decsion if we want to sign but not under duress. Our friend said he would not sign them personally and could not advise us to sign them outright.

Does anyone know of a reason we would HAVE to sign these documents by law or under all this pressure to do so? We were never told that these papers were required and they were not in our closing package the day we signed (we would not have signed them on that day if they had been). I really do not want to have the buyers attorney bothering me now so maybe now is a good time for us to hire an attorney?

[tobee43]

drazil65, have you checked to make certain the deed is out of your name? i know you mentioned it was the title. title is the right to possess something, in many cases real property, and a deed is a written document that may establish title.

if these documents interfere with that process, i would sign them. however, from what you are saying these two documents are saying are for the banks best interest and not yours. if needed, i would also demand THEY sign similar documents protecting you! as long as the house is OUT of your names, i would tell them to pound salt!

[Drazil65]

Yes the deed was recorded on 10/31/2012 (the day of closing) and I have checked the records to be sure. If these documents were so important to them then why did they close without them being signed AND they had the deed recorded. It was a cash deal so they pocketed the money with no problem. We never asked for a short sale, we sent the offer to them and told them to do what they want with it and if they wanted to foreclose instead let us know when we needed to be out. They choose the short sale, we never even signed short sale documents (like the whole short sale thing where you present your financials etc). We made it clear that if they went the short sale route that we were out of the game and would not supply them with updated info and paperwork. They did everything they needed to do and then sent the closing attorney the papers for us to sign. Money transferred hands and deed was recorded, period. Title on that day was assumed clear by us as there cannot usually be a closing unless title is clear or the bank signs off on something. Crazy situation and I guess they should have not assumed we would sign this stuff and were stupid to assume that.

[keepsmiling]

Sounds to me like you can tell them to
POUND SAND

[tobee43]

Tobee43:i would tell them to pound salt!

keepsmiling: tell them to POUND SAND

salt........... sand.....LOL!! half a dozen one or other. i can never get those sayings right!

[TBA]

those two documents dont have anything to do with clearing the title that i know of. but i am no expert.

i wouldnt worry about phone calls from the buyers attorneys. I dont think they will come.