Legal Question in Real Estate Law in California

We are in escrow for a short sate. We have signed escrow paperwork, provided closing costs our bank is waiting to fund. Because escrow completed all this 24 hours after our initial closing date the selling bank wants to do another BPO & wont give us a date we can receive our keys, is this allowed? Meantime we have been paying HOA lein on the home too & will have to until the selling bank makes up their mind.


Asked on 5/24/10, 10:30 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Without having reviewed the documents related to the sale, it is impossible to say whether or not the bank can refuse to close escrow. My guess is that if you missed the deadline to close set forth in the short-sale approval, then yes, the bank can hold escrow closing. Why are you paying the HOA dues?

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/25/10, 4:22 pm
Anthony Roach Law Office of Anthony A. Roach

Your post is incredibly confusing. If escrow closed, title to the property transferred and the bank should have reconveyed. Either you are in escrow, or you are not in escrow, because escrow closed. You state that you are both in the post, and it is confusing. If escrow has closed, and all of the property paperwork has transferred and been recorded, the bank cannot come back and undo the transaction.

Read more
Answered on 5/27/10, 9:00 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California