Bruce (kor27) wrote,


I got some more info on the move-out thing. Apparently they did go through a foreclosure sale, and AMC bought it back. Now they want possession - and, of course, the rest of their money, later. I was hoping to avoid bankruptcy.

From a much more scary point of view, I'm being bribed to move out by next Monday by the princely sum of $500. Well, OK, that's not the scary part. The scary part is paragraph 7:

7. Effective upon the execution hereof, and notwithstanding any failure of the Occupant to satisfy any of the foregoing conditions, Occupant hereby agrees that, without any further act, AMC, it agents, successors and assigns are fully and forever released and discharged from any and all claims for damages and losses, whether these damages or losses are known or unknown, foreseen or unforeseen, patent or latent, including, without limitation, tort claims, demands, actions and causes of action of any nature, whatsoever arising under or relating to the Property, the Note or the Deed of Trust (collectively the "Loan"), or any of the transactions related thereto, prior to the date hereof, and Occupant waives application of California Civil Code Section 1542 which states the following:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Furthermore, Occupant acknowledges that they intend these consequences even as to claims for damages that may exist as of the date of this release but which they do not know exist, and which, if known, would materially affect their decision to execute this Agreement, regardless of whether their lack of knowledge is the result of ignorance, oversight, negligence, or any other cause.

That's a whole buncha release for $500.

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