Does my colleague have to leave a foreclosed apartment she is paying rent?

Last month, my colleague found out that her landlord has not been paying the mortgage and the bank is now foreclosing on the property. The bank hired an exit realty company to give my colleague a check in exchange for her to leave. My colleague will not be able to get back her last month and security deposit from the landlord since the landlord is bankrupt. The exit realty company told my colleague that the mortgage company will give her a check of $4000 if she moves within a week, but the check would be provided only when all the possessions are out of the house. The agent said my colleague has to sign a contract to get the money. My colleague asked for a copy of the contract, the agent said no, that my colleague has to sign a contract first and W-9 form (request for taxpayer identification number and certification), and then he would give a letter from the mortgage company within a week. My colleague signed a contract, but the agent left name of the bank blank and also there was no line at the bottom of the form for any other signature other than mine.
The paper that my colleague had to sign is called an “Agreement to Vacate Premises”. The agreement starts off with: “This agreement to vacate premises (”Agreement”) is made this ___ day of _______, 2004, by and between ________, hereinafter referred to as “Owner”, and ______, hereinafter referred to as (”Occupant(s)”.

At the end of the agreement, there is space for signature only for Occupant. There is no signature line for Owner.

The exit realty agent had my colleague sign the agreement. When my colleague pointed out that the wrong year of 2004 was typed on there, the realty agent crossed off the year and wrote “2008″ over it.

Also, the exit realty agent left the blank for “Owner” empty because he claimed that the bank does not want to deal directly with the occupants and that is why the bank hired this realty company. The agent refused to provide the name of the bank.

What should my colleague do at this point?
According to agreement, my colleague has to move out of the apartment by November 6 (two days). The premises have to be in “broom clean condition” for my colleague to get a check. All possessions must be moved out of the apartment.

Now, the agent is saying that there might a chance the check won’t be available on November 6.

Was this just a scam on the bank or realty agent’s part to get my colleague to move out? She has packed all her belongings in boxes and she put down a deposit and first month rent on a new apartment, but she did all that with the understanding this money was coming through.

I read through the agreement and it appears one-sided because I don’t believe it is a contract because only the occupant has signed it. The bank’s name is missing and neither the agent or the bank has signed the agreement.
My colleague will lose approximately $5000 — a combination of the rent that she already paid in November to the landlord, her security deposit, and her last month’s rent. People reading this question may think that $4000 is a generous offer, but she hasn’t received anything with another party’s signature. The realty agent said he will give my colleague the agreement with the signature after she gives him the keys to the apartment and after he deems the place to be vacated and cleaned. It is the bankrupt landlord who is lucky because that person has collected rent from three current tenants on this property, but the landlord has been pocketing the rent for at least six months and not paying the bank all that time. Landlord bought a new car about two years ago.

Real Estate Professionals