Sorry to have added confusion, rather than clarified it.
1. No, you wonâ€™t necessarily have to pay for several months worth of rent. Usually, that is only available as an imposition if you sign another contract, although teh expired contract may have some provision to that effect. Ask your attorney but if you just donâ€™t move, the landlord has to get a court order to get you out. (You donâ€™t have to get one.) You would be a tenant on sufferance and perhaps liable to month-to-month rent, if the court orders you to pay. To the best of my knowledge, no police or sheriffâ€™s officer can act to evict without a court order. I just went through this last September for a client. Our laws usually protect tenants more than landlords.
2. If you can, get the mortgage deal extended. If you canâ€™t and you want the rate, pay points but only if you plan to stay much longer than the point payoff break even. Otherwise, as I said, sorry, but there are often these delays in getting things together.
3. My point is exactly that the judge will â€œfilter through the factsâ€ to apply the pertaining law. If the Time of the Essence is clearly stated and the FACT is that you are the one who can not carry through the closing, then the fact IS that you are going to be the one who might be charged for the sellerâ€™s losses or the one that finds that the seller can cancel the contract.
4. Iâ€™m glad that you find our country to be so nice. In any orderly society, there are procedures established by law and custom. Unfortunately they do not result in â€œfairnessâ€ in every case. If I have to pay for an expired parking meter because the meter maid came by five minutes before I arrived back to the car and, right around the corner, you park for another hour on an expired meter because the meter maid turns right instead of left, itâ€™s not â€œfair,â€ but Iâ€™ll pay a fine and you will not.
5. One of my favorite expressions for stupid actions that cause much more harm than good is, (in a very snotty voice)â€ â€œITâ€™S THE LAW!â€
My advice, and I repeat it, is to work through the situation, as it now exists. That means covering your losses (In law, I believe itâ€™s call mitigating your loses) and accelerating your sellerâ€™s action to the best of your ability. You will note that I have not asked you why things got so late. It really doesnâ€™t matter now.
Then get the best mortgage deal you can get now, not what you could have gotten months ago. (I wish I could go on margin in the stock market to the max on March 6th of this year but I canâ€™t.)
I also recommend you stay in this country and not go back to where things are worse. You could go to a stabile country such as Germany but boy, do they ever enforce the laws there, even if you donâ€™t like how they work out for you.
Once again, best of luck.