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  1. #1
    damselfly is offline Junior Member
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    Jan 2007
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    Breach of Contract on Purchase of Home

    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!
  2. #2
    seniorjudge is offline Senior Member
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    The first thing you need to do is pay your mortgage.

    The second thing is to kick her out.

    It's time to hire a lawyer.

    You have been scammed.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    damselfly is offline Junior Member
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    Breach of Contract on Purchase of Home

    I also discovered today that the woman, is a licensed loan originator for a mortgage company registered with the Mississippi Secretary of State to operate in this state.
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by damselfly View Post
    I also discovered today that the woman, is a licensed loan originator for a mortgage company registered with the Mississippi Secretary of State to operate in this state.
    Ask her for a refinance.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    lcannister is offline Senior Member
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    Quote Originally Posted by damselfly View Post
    she ownes over $25,000 in mortgage payments.
    No YOU owe 25K in mortgage payments since the mortgage is still in your name.

    Please say you did not sign something like a quit claim for her. If so she may own your home and you own the mortgage.

    At minimum you are probably looking at foreclosure proceedings to begin at any time.

    Get the Atty to now try and figure out when you screwed around with this on your own to save the Atty fees in the beginning. That 3-5 hundred looks like a bargain now.

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