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Can I file claim against bank for tortuous interference with contract to purchase real estate ?

Warren, MI |

I am doing a short sale with a seller that has a mortgage with Chase. We signed PA four months ago. Chase and/or seller is/are dragging their feet. My wife is 8 months pregnant and is dead set on this house.

I would like to light a fire under their @#$. I am considering a letter from an attorney threatening to sue, but am concerned that may actually make it worse. I recognize that I probably do not have a strong legal claim, but would like any advice, insight or shared experiences to move the process along quickly.

Please do not give the one line "talk to a lawyer" answer to generate points, either. You know who you are :)

Attorney Answers 4

Posted

You don't need a lawyer and your threats would be just as hollow as a lawsuit. The short sale process is slow and 6 months is "normal." Just keep checking with the realtors, title company, whoever to make sure things are on track. Good luck.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.

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7 lawyers agree

Posted

Your answer in is the PA, if it was with the seller, contingent upon approval of the short sale by Chase, then that is exactly what it is. Chase can either approve or disprove the deal, and if they do not approve it your offer and the contingent sale fails.
You have no contractual with Chase and most probable any right or cause of action against them.
Now, the normal advise, a firm legal opinion can only be rendered based on all of the information and therefore if you desire to procure on, you will have to take the actual paperwork to an attorney for review.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

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Posted

I agree with my colleagues and Mr. Brennan, in particular. Chase owes you nothing. They have the right to either approve the sale or not. They are not responsible for your damages. Your remedy would be to walk away. This is a case where a lawyer might actually not be able to benefit you very much. Threatening to sue is unlikely to help, either. Mr. Klisz is also correct in saying that the wheels turn very slowly with banks. I have a colleague who was in negotiations with his bank for 18 months, before a deal finally went through. He threatened to sue MANY times. He also threatened to walk away MANY times. It did not seem to make much difference to the bank. In the end, he got his deal. I am still not sure if it was worth it or not.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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4 lawyers agree

Posted

You have no claim for tortious interference.

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2 comments

Benjamin Thomas Vader

Benjamin Thomas Vader

Posted

thank you for your conclusory answer with no explanation. You must be incredibly successful.

Lindsay James

Lindsay James

Posted

Hi, Benjamin. I don't thank you for your snarky comment, which demeans our profession. I answered his main question. He does not need to be deluded into believing he has a claim against a bank for a tort that any lawyer would pursue. So that said, do you disagree with my answer? Do you believe he has a claim against a bank for tortious interference? If so, by all means, take the case, and I wish you and your client well.

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