What is the name of your state? MS
In 2005 my house was under foreclosure proceedings, however, as a result of Hurricane Katrina the proceedings were put on hold. I was contacted by a woman who represented herself as working with a group of investors who would like to purchase my home. She explained that this would help my credit because there would not be a foreclosure. Fortunately my house was had little damage from Katrina. I signed a real estatate contract to sell giving her permission to occupy the house immediately. The contract also stated that she would apply for a new loan within five days with a closure to be completed by December 31, 2005. I contacted my mortgage company in January 2006 to find out what was happening with my loan and discovered that the woman had not applied for a loan; allegedly because the financing entity required an appraisal and she couldn't have one done until certain repairs were made to the house. Realizing that after Katrina the ability to find a contractor was somewhat limited and many people were having to wait to get repairs, her case seemed plausible. It is now January 2007, she has lived in the house for 15 months and has yet to ever make a payment to the mortgage company. I served her with a 30 day notice on October 25, 2006. I ran into her the day I was posting the notice and she said that she didn't believe she had to make any mortgage payments during the time it was being repaired. I contacted the mortgage company and the claim mitigator stated that such an agreement never existed. I sent a registered letter on January 25, 2007 stating that I was starting legal proceedings to have her evicted. My question is if there never was a lease contract included in the purchase agreement that she failed to honor is she a renter? How do I get her out of the house. A normal eviction process can't be completed because she ownes over $25,000 in mortgage payments. Do I need a lawyer or is it something I can do myself? I am at my wits end!
In 2005 my house was under foreclosure proceedings, however, as a result of Hurricane Katrina the proceedings were put on hold. I was contacted by a woman who represented herself as working with a group of investors who would like to purchase my home. She explained that this would help my credit because there would not be a foreclosure. Fortunately my house was had little damage from Katrina. I signed a real estatate contract to sell giving her permission to occupy the house immediately. The contract also stated that she would apply for a new loan within five days with a closure to be completed by December 31, 2005. I contacted my mortgage company in January 2006 to find out what was happening with my loan and discovered that the woman had not applied for a loan; allegedly because the financing entity required an appraisal and she couldn't have one done until certain repairs were made to the house. Realizing that after Katrina the ability to find a contractor was somewhat limited and many people were having to wait to get repairs, her case seemed plausible. It is now January 2007, she has lived in the house for 15 months and has yet to ever make a payment to the mortgage company. I served her with a 30 day notice on October 25, 2006. I ran into her the day I was posting the notice and she said that she didn't believe she had to make any mortgage payments during the time it was being repaired. I contacted the mortgage company and the claim mitigator stated that such an agreement never existed. I sent a registered letter on January 25, 2007 stating that I was starting legal proceedings to have her evicted. My question is if there never was a lease contract included in the purchase agreement that she failed to honor is she a renter? How do I get her out of the house. A normal eviction process can't be completed because she ownes over $25,000 in mortgage payments. Do I need a lawyer or is it something I can do myself? I am at my wits end!