After signing at closing, can the bank add a stipulation to the contract?

UPDATED: Sep 30, 2022

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After signing at closing, can the bank add a stipulation to the contract?

We closed on a mobile home and a few days later the bank put a stipulation for incentive money to be paid top them. Should that not have been disclosed upfront before signing closing paperwork?

Asked on January 27, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, after a contract--whether a home contract of sale or a mortgage--is signed, one party (e.g. the bank) may NOT unilaterally (on their own; without your consent) add any stipulations or terms to the agreement. Both parties (you and the bank) are obligated to what was in the contract(s) or mortgage(s) when signed. Based on what you write, this is illegal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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