How Do I Legally Get The Seller Out Of The House!?
My husband and I found a guy facing foreclosure. We liked the house so we got him to sign a contract that he would hold back the mortgage for a year and then we would go to a lender. He wanted 8000.00 above what was left on the house. So we gave the bank 2700.00 to catch up the mortgage, and gave him a total of 2300.00 to get him out of the house. We also paid last months mortgage pymt ($500) while he was living there (comes out of his money). So in total we have given him 5500.00. He agreed that we could pay him off with monthly payment for the rest.
Getting to the point, the last contract he signed after all moneys was given to him was October 1. We made a verbal agreement that he would be out by the 30th (stupid, i know). He is not out yet. Our stuff is in his carport, we have been staying with friends (we couldn't handle 625 rent and 500 mort pymt again. He is taking his sweet time and I don't know what I can do legally. Any help would be greatly appreciated. Sorry, didn't mean to write a book. Thanks!
do you have the deed?
go get something in writing that he will be out in 5 days... if he's not out after that, evict him, only if you have the deed.
If you don't have the deed, that money you gave could just be considered a "gift". I would speak with the man and see when he plans on moving. Make sure it all gets in writing.
[addsig]
Hmmm....
Verbal agreements are not worth the paper they're written on....
Does the mortgage company know who you are and what your interest is in this property? Does your contract say anything about your receiving the property after such and such is done? Did you at least quit claim the deed?
I bet this seller was chomping at the bit for a deal like this --- someone paying his past due mortgage and not giving him a move out date...
I hope he's a man of his word and doesn't stick you with this. Good luck.
Time for court! Sorry for this bad news....Send a certified letter, stating your intent to obtain a judgment, and if necessary prosecute blemish his credit.
I would not trust this seller, so take a pass on this deal and take him to court! Get a small claims court date TODAY! (Recoup the following expenses: Postage, faxing costs, per day storage costs, interest on money lost, court costs, attorney fees, rental truck costs, and deposits for the new place to live)
Then remove your items from his property. If he has not responded to the certified letter, call the police and request that he be removed for trespassing and present your contract as the binding agreement. (This will create a legal 'record' as an incident that you attempted to resolve this issue but the seller complied or refused)
Again, this seller is crooked and low down. May this be a lesson for the future, NEVER exchange monies without something in writing to include remedies if either party does NOT comply with agreed contract.
Keep us posted on the progress and you have our spirit of support!
Eric & Rosa
[addsig]
It's time for Judge Judy!
Hi taylorkb2003,
Just out of curiosity, did you get a Notorized Deed from him?
BAMZ
Okay! You may have a bad mistake here. If you do not have the signed deed you need to get one. If he is still playing games with you, get one filled out and take it to him with a notary, you will find out if he is serious about selling the house or just playing you. After you have the deed he can be evicted. If you do not have and cannot get a deed, it is time to visit your attorney.
[addsig]
NEVER pay before the seller has left the house!
Sure wish you good luck on this one!
Do see an attorney asap.
Ladybug
If you do have a warranty deed. Then start the eviction process hight a cop and get him evicted.
Just curious. Could she put a lein on the property and then force a sale?