lwilliams1922 Posted October 5, 2008 Share Posted October 5, 2008 (edited) We have a house we need to sell. There were tenants in the house but they moved out and we really need the money we have in the house. Back in April we sold the house to a gentleman on land contract. He would pay us a 4,000 down payment then make the monthly payments to us for 2 years till he gets his own financing. He actually paid half of the down payment and the other half was supposed to be paid within 30 days. Well it's now October and he has not paid ANYTHING since that time! Meanwhile we are still making payments on the house that he lives in (without paying). Money is very tight for us right now and this really hurts. After he missed the first payment we started to hear rumors that he is a professional con artist and has done things like this before. We keep taking him to court but he keeps giving the judge excuses that he doesn't not have to pay (we never came to collect the payment, he didn't have the address to send the pmt, he gave cash pmt to someone else??,...). We ask the court to remove him because he has not paid in all this time but the court is deciding if he is a tenant or an owner that has to be foreclosed (a long, expensive and lengthy process). This man has really put us in the hole each month for each of the last 6 months. We simply cant afford to do this. Please lift us & this situation in prayer Edited October 5, 2008 by lwilliams1922 TO Quote Link to comment Share on other sites More sharing options...
hsmamainva Posted October 5, 2008 Share Posted October 5, 2008 :grouphug: What a terrible situation!!!! Keep us posted as to what happens at the court date!! Quote Link to comment Share on other sites More sharing options...
Danestress Posted October 5, 2008 Share Posted October 5, 2008 I hope you get some satisfaction on Tuesday. Let us know. I will be thinking about you. Quote Link to comment Share on other sites More sharing options...
Heather in the Kootenays Posted October 5, 2008 Share Posted October 5, 2008 How awful. :grouphug: Quote Link to comment Share on other sites More sharing options...
sleepy Posted October 5, 2008 Share Posted October 5, 2008 Ugh. That is horrible. Good luck in court. :grouphug: Quote Link to comment Share on other sites More sharing options...
Big Buckin' Longhorn Posted October 5, 2008 Share Posted October 5, 2008 My goodness, I've never heard of such a thing. I hope it all gets resolved very soon and in your favor. :grouphug: Quote Link to comment Share on other sites More sharing options...
Danestress Posted October 7, 2008 Share Posted October 7, 2008 . Quote Link to comment Share on other sites More sharing options...
MelaniePA Posted October 7, 2008 Share Posted October 7, 2008 Hoping all goes well for you today. Quote Link to comment Share on other sites More sharing options...
Tracey in TX Posted October 7, 2008 Share Posted October 7, 2008 Good luck with the legal process. I fear the tenant will be forcibly evicted while you are out the money. Hopefully you will receive monetary compensation to offset your costs. Quote Link to comment Share on other sites More sharing options...
lwilliams1922 Posted October 7, 2008 Author Share Posted October 7, 2008 We arrived in court and our case was transferred to a new judge. The previous one is running for state senate and has transferred most of his cases. The new judge looks briefly at the file and says he needs to review it and sets ANOTHER court date for DECEMBER 2. My heart sank. He gets another 2 months to live in the house without paying :( He starts to give the judge excuses about he wasn't served or notified about the proceedings. My attorney steps in and lets the judge know that he was served personally at the last court date and has the documentation of such. The guy has more excuses than my 12 yr old does when she doesn't want to do math or her chores. My attorney (who is also a judge, in another court) sees that I'm crushed. He explains how the courts are really backed up now. He also tells me unofficially that ( he heard) the new judge has already briefly looked at the file and will likely issue a ruling in our favor at the December hearing. Things look hopeful. I am still mentally drained over this whole thing. I have to keep making payments on the house while he's in there and NOT paying. There is still the issue of the code violations he's generating; keeping a trailer in the drive way (we think he is charging someone to stay there and to hook up the the utilities), keeping his race cars up on blocks in the grass. sooooooo.... If anyone can spare a prayer here and there I would be grateful! Lara Quote Link to comment Share on other sites More sharing options...
MelaniePA Posted October 7, 2008 Share Posted October 7, 2008 Thanks for the update. Keep positive. Easier said than done, but still...:grouphug: Quote Link to comment Share on other sites More sharing options...
Brigitte Posted October 7, 2008 Share Posted October 7, 2008 Ugh. I hope you get relief in Dec. Quote Link to comment Share on other sites More sharing options...
Scarlett Posted October 7, 2008 Share Posted October 7, 2008 I have to keep making payments on the house while he's in there and NOT paying. There is still the issue of the code violations he's generating; keeping a trailer in the drive way (we think he is charging someone to stay there and to hook up the the utilities), keeping his race cars up on blocks in the grass. Lara Crazy. Just. Crazy. My parents have a flip house that they are afraid won't sell in this market and they are tossing around their options. Your horror story is exactly what they fear. So bottom line, it is better to rent it out than owner finance? I mean easier to get them out (if they turn out to be deadbeats) if you are only renting to them? So sorry. I hope it turns out well in December. (why does the judge need 2 months to review it? Only took us about 2 minutes to decide in your favor. ;)) Quote Link to comment Share on other sites More sharing options...
KidsHappen Posted October 7, 2008 Share Posted October 7, 2008 We had a house once that took 9 months to sell. It was very stressul. I hope you can stay afloat and get this resolved. I will keep you n my thoughts and prayers. Quote Link to comment Share on other sites More sharing options...
mommaduck Posted October 7, 2008 Share Posted October 7, 2008 praying Quote Link to comment Share on other sites More sharing options...
lwilliams1922 Posted October 7, 2008 Author Share Posted October 7, 2008 Crazy. Just. Crazy. My parents have a flip house that they are afraid won't sell in this market and they are tossing around their options. Your horror story is exactly what they fear. So bottom line, it is better to rent it out than owner finance? I mean easier to get them out (if they turn out to be deadbeats) if you are only renting to them? So sorry. I hope it turns out well in December. (why does the judge need 2 months to review it? Only took us about 2 minutes to decide in your favor. ;)) I didn't intend to owner finance. I was willing to let him 'rent' having the option to buy. at the very last second he said he wanted to buy on land contract. It's my fault :( I fell for the last min change and didn't run it by my attorney. They way I understood it was, the two month wait was to get another open day on the courts calendar. Quote Link to comment Share on other sites More sharing options...
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