I suppose you can try to take the buyer's appreciation in years subsequent to closing, but I am not sure whether such a tactic is even legal whether the property is sold and title passes, or is held in escrow. 

(e) Either party may prepare and use additional information to support its position during or subsequent to the meetings required by this section.This subsection is not intended to be enforced by civil or administrative action.

We will explore all of these techniques in detail and more in subsequent postings.But no mater what technique you're going to use you want to make sure it's a win win for the both of you, however the one with the better knowledge of creative financing will ultimately come out on top.

Here is one situation where the first position might have done the "deed in lieu", or the second could have done the "deed in lieu" (cleaner if the second did it IMO), and all liens get paid off upon the SUBSEQUENT sale of the property.Not sure if this scenario would constitute a prohibited transaction or not ...

The Property Appraiser reserves the right to reverse any previously approved split request on any subsequent year’s tax roll."

They subsequently are determined to be DOA or such. 

However, there may have been subsequent agreements not recorded.

The banks can ruin the economy and destroy half the small businesses in our country and subsequently the government can confiscate our income and give it to them.Systemic risk is ever present unfortunately.

Would failing to inform the lender of subsequent offers be considered a material misrepresentation?

If I put all CASH here, the subsequent assignee of the contract  will have to abide by the terms that I initially agree to.