Legal Question in Real Estate Law in Georgia

I accepted an offer for a deed-in-lieu made by CENLAR, a mortgage servicer for Freddie Mac, in writing. I corresponded with a deed-in-lieu specialist at CENLAR by e-mail during the process. The offer contained conditions, to wit: I was to vacate the property by Oct 11, 2015 and leave it in broom swept condition. I hurriedly flew to Calif., gave away furniture, personal belongings, and a car to meet the deadline. I also had to leave my ninety-two year old mother in respite care at $130 a day. Freddie Mac--I contacted them directly refused the DIL. The DIL Specialist at CENLAR had told me the investor did not approve. His e-mails also stated offers were subject to investor approval. When I asked who the investor was, he replied, "Freddie Mac." Can I enforce the offer with promissory estoppel? Can I overcome the subject to investor approval clause. I told the DIL Specialist I was leaving for CALIF. He told me to tell him when I came back.


Asked on 1/03/16, 4:32 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Enforcing the offer does not help you, as it just leads to the condition that it be approved by the investor. What you are really asking is that a Court force the lender to accept an "agreement" that they never agreed to in the first place. If you relied on anything the servicer said, or "offered," it was apparently with the knowledge that it required approval. It was your risk to take.

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Answered on 1/04/16, 7:02 am


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