Need help with drafting a Cash For Keys counter offer

[NancDan]

What is the name of your state (Washington State)

I lost my home to foreclosure on July 1st, 2011. I received a cash for keys offer on July 18th. The move out date is specified for a month from now, and it is impossible for us to do so, because we have a lot of heavy outdoor items and almost zero means and time to do it except on weekends.

The terms are questionable in that any payment would be made only after passing "final inspection" which is written as "The Property, including all fixtures and appliances, is broom clean, free of any and all interior and exterior debris, free from damage and destruction and otherwise in a condition acceptable to (the mtg. co.), ordinary wear and tear excepted", and "(the mtg. co.) will deduct from the Payment the cost of repairs needed to put the Property into the condition intended by this Agreement".

The problem with just these two statements by themselves is that there were repair issues existing at the time of sale, mainly that the water well pump failed prior to the sale. We could not and can not afford to fix it ourselves. How do we know that the mtg. co. won't consider that intentional damage and destruction?

What do we say, and how do we say it for the counter offer?

Thanks for your help.What is the name of your state (Washington State)?

 

[John_DFW]

I would not attempt a counter offer, but you could include written statement of known defects at time of the sale.

Banks are concerned with intentional retaliatory damage, such as punching holes in drywall, concrete in drains, and pouring paint on carpets.

 

[NancDan]

I would not attempt a counter offer, but you could include written statement of known defects at time of the sale.

Banks are concerned with intentional retaliatory damage, such as punching holes in drywall, concrete in drains, and pouring paint on carpets.

There is no retaliatory or intentional damage. I am not of that caliber of person to damage the home I'm living in just for spite. At the very least we need more time to move than the bank is offering. Yes, we have been living here during negotiation for Hamp and through foreclosure proceedings. Yes, we have been trying to move things out as we could, we have a lot of heavy outdoor stuff and vehicles to move also, because the other half works 250 miles away during the week. We haven't been sitting on our a***s, waiting for the last second. No, we haven't been able to save up excess lump sums of money because of other financial obligations and taking care of my mom who's had health issues for two years. I'm at my wits end and would at least like to know how to get more time.

 

[John_DFW]

The bank loses money on the house the longer it sits, so they made a fair and generous offer they weren't required to, and which allowed you 6 weeks to move, after a known date you were losing the house.

Keep that in mind when requesting more time.

Maybe you need to list some of the heavy items and vehicles for sale.

Not trying to be unsympathetic, but I think it's unlikely the bank is going to grant you more time and still pay up the money.

The bank will deal with an eviction and abandoned property if all else fails.

 

[NancDan]

The bank loses money on the house the longer it sits, so they made a fair and generous offer they weren't required to, and which allowed you 6 weeks to move, after a known date you were losing the house.

Keep that in mind when requesting more time.

Maybe you need to list some of the heavy items and vehicles for sale.

Not trying to be unsympathetic, but I think it's unlikely the bank is going to grant you more time and still pay up the money.

The bank will deal with an eviction and abandoned property if all else fails.

John_DFW, I am aware of what you're saying. I reiterate; we have not been sitting on our fannies just waiting to see what happens. Things have been put up for sale, no takers. Other half is unwilling to sell vehicles, because when his regular income goes away in the fall/winter, he fixes these up for extra cash. I wouldn't mind not getting much $ if the bank would just allow more time. I'm concerned that the bank will accuse us of intentionally causing repair issues. We weren't negligent on purpose either, expensive repairs tend to go by the wayside when there's no cash to shell out to fix.

 

[LillianX]

You don't have a whole lot of options. They bank might let you stay longer, but they're certainly not required to. You could force an eviction, which would buy you a little time, but that would make renting exceedingly difficult, and you would definitely not get any money from the bank. That's pretty much it.