Force A Sale

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Purchased a home via lease option. Seller had to do a quite title to remove a flaw on title.
I mailed a lease payment and it was cashed, sent 2nd payment it was not cashed. Tried to contact seller and have had no contact for over 3 months, had to fix up property and insure also keep city from issuing complaints. I sent a registered letter with no response and have stpped sending payments, Can I do the quite title and force sale or should I just place a lein on the property for work done. Jim

Comments(5)

  • cjmazur12th April, 2005

    is it worth a couple 100 for a PI to get involved?

    Might want to consult an attorney. Does sending the checks, but them not being cash constitue payment?

  • smithj212th April, 2005

    cjmazur,

    Thanks for your reply. I was not aware about the requirement for a sole member LLC. My LLC has two members, and the property is currently in my name only. Can I still file a quitclaim to the LLC? I plan to have 100% of my interest transferred to an LLC where I have 75% interest.

    Secondly, the clerk and recorders say they do not verify the legality of the documents. Is that something I need to worry about when filing the quitclaim?

    Thanks,
    JS.

  • JohnLocke12th April, 2005

    magic_AZ,

    Glad to meet you,

    My question here is does he have a permit from the proper licensing folks to do this?

    John $Cash$ Locke
    [addsig]

  • JohnLocke12th April, 2005

    magic,

    You can have the specific terms of your agreement spelled out in the easement, such as any liability provisions.

    I am thinking since this is drainage issue where is this drainage winding up?

    I would tell him to not trespass on your property and call the authorties if necessary if he does not abide by your request.

    Then have him submit all drainage, trench, pipe, etc., plans and documents for review by your attorney and contractor at his expense, make him submit checks to them to have this done.

    If he refuses then keep the no trespass warning in effect.

    John $Cash$ Locke
    [addsig]

  • magic_AZ12th April, 2005

    Thank you!

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