Thirty Day Cash for Keys

[DonnaJRomo]

My home did not sell at auction, and went back to the bank. A Realtor who has contracted with the bank has sent me a contract requesting all my household appliances and fixtures be left in the house, including my drapes and lights in order to receive the cash. I plan to take my appliances, drapes, furniture and some of my ceiling fans.

1. Can he seize my personal property, such as my new stove, etc.?

He has stated in the contract that he will have "at will" inspection rights, and that the house must be left broom ready. The roof leaks. Mold is growing in the walls. there are plumbing problems ( all problems which existed when I purchased the property).

2. Do I have to grant him inspection rights?

Also, if I do not agree to the cash for keys, can I take my belongings? Can he sue me to attempt to earn damages? The contract states that I will waive my rights to vacate in 90 days if I do not sign, and that receiving then contract by e-mail voided my right to 90 days.

3. Is this really legal?

4. If I sell, or have sold my personal property to a relative in a bill of sale, can he or the bank sue me if the property is owned by a relative and rented by me?

5. I was told that the bank cannot sue me, if the roof was leaking, and there was mold, both conditions which would have prevented me from making a short sale. Can I be sued for that? I made several repairs to the property. When I bought it, my sale contract said the roof and plumbing were not guaranteed

 

[army judge]

You need to consult with an attorney.

That attorney will want to read everything.

I can't give you an opinion on your situation.

Yours is a very complex and multi-faceted situation.

If you take the cash, someone will come after you for it.

You need your own attorney.

You are at great risk with serious legal exposure.

 

[jharris352]

My home did not sell at auction, and went back to the bank. A Realtor who has contracted with the bank has sent me a contract requesting all my household appliances and fixtures be left in the house, including my drapes and lights in order to receive the cash. I plan to take my appliances, drapes, furniture and some of my ceiling fans.

The household appliances belong to the house, they are fixtures and do not belong to you or anyone that you did a bill of sale to. If you remove them they could easily sue you, if they do an inspection first and then you remove them they can put you in jail for theft.

He has stated in the contract that he will have "at will" inspection rights, and that the house must be left broom ready. The roof leaks. Mold is growing in the walls. there are plumbing problems ( all problems which existed when I purchased the property).

2. Do I have to grant him inspection rights?

The contract is non-negotiable. If you want the money you have to sign the contract as is. So yes, if you want the money you will have to allow the inspections. If you allow the inspections and try to take things out of the house that are fixtures, you could go to jail.

3. Is this really legal?

I don't mean to be rude but they own the house now, so they call the shots. Yes it is legal.

4. If I sell, or have sold my personal property to a relative in a bill of sale, can he or the bank sue me if the property is owned by a relative and rented by me?

This is what we commonly call. . . . Fraud. If you pretend (that means lie) about selling the fixtures to a family member you will end up in serious trouble. If you aren't charged with selling stolen property then you could be sued for the value of the property that you sold out of the house.

5. I was told that the bank cannot sue me, if the roof was leaking, and there was mold, both conditions which would have prevented me from making a short sale. Can I be sued for that? I made several repairs to the property. When I bought it, my sale contract said the roof and plumbing were not guaranteed

The bank takes the house "as is" and you aren't liable for anything that you didn't do to it. If you tear it up, or steal out of it you certainly can be held liable and could even face charges. If you were going to sell anything out of the house you should have done it before the auction. And back dating "receipts" will get you in serious trouble. If the appliances were there on the date of the sale they can't be removed from the house without risking charges of theft.

I'm sorry you are in this situation, but your best bet is to walk away clean. Take your things, not the fixtures and go make a new life for yourself.