Posted by greengable on August 02, 2010 at 11:59:35:
This is a situation that cries out for a lawyer’s professional opinion.
Probably since you didn’t restrain the sheriff’s sale it’s too late now to try to do anything.
Any reader would have to question how you’re going about this - e.g.not even telling us what state as you know from other posts here that foreclosure law differs state to state.
mistakes on lease - Posted by cindy
Posted by cindy on August 02, 2010 at 08:38:32:
property lease…management company drew up 1 year lease on contract after we discussed we wanted a 2 year lease. we noticed this at signing. we brought it to his attention. he wrote in correct term and we initialed the changes. in the meantime landlord let house go into foreclosure, sheriff sale was jan of 2010. now mortgage company said they will not honor our lease because initials are not binding changes on contract. are initials binding our contract and can we stay per the protecting tenants at foreclosure act pl 111-22 eff: 5/20/2009
Don’t trust the Lender for your legal advice - Posted by chi ming
Posted by chi ming on August 04, 2010 at 23:38:04:
Even for their own areas of responsibility some lenders
play fast and loose. Had a real bad experience with
CitiMortgage where one hand not only did not know what
the other was doing but also refused to communicate
when I provided the contact info. And this is for two
departments in the same company. The initialing of
changes is the norm for alterations made at signing so
the lender is full of crap. If the house is already
sold and you are out, however, its probably a waste of
effort to deal with it.
Re: mistakes on lease - Posted by Natalie-VA
Posted by Natalie-VA on August 03, 2010 at 13:16:16:
I’m not a lawyer, but I believe when you initialed those changes, it was binding. There are other factors at play here as far as when the lease was signed versus when the NOD was filed, so that’s not all there is to it.
–Natalie
Re: mistakes on lease - Posted by Woody
Posted by Woody on August 02, 2010 at 21:15:01:
Yes.
Contracts are simply a recording of what two parties agree to. If you both are in agreement, even now, as evident by your initial/signature the mortgage co. is full of bs.