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#1
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Deed Recorded -- Seller Won't Vacate, Please HELPHi from Florida--here's my situation I advertise to buy homes. In January, owner contacted me + asked if I would buy his house or take over his payments, he just wanted "to walk away from the house". We wrote a contract to close Feb. 25. I offered to take over his payments plus give him $2k "for moving expenses" since I was getting about $35k in equity. A week later, owner called me and asked if I could pay him the $2k before closing. Said he needed the money to rent an apartment right away. I agreed to pay if he would sign a warranty deed. He and his wife both deeded the property to my landtrust and assigned their beneficial interest to my partner. I then paid him $2k. Since we had done a kitchen closing, he stated he would be out by Feb. 25th. I recorded the deed the next day and a week later he called me to ask if he could stay until March 15th. I agreed--no problem. Yesterday, March 16th, he calls me to say he has changed his mind. He wants to give the house to his in-laws. He wants to back out of the deal. Mind you, this is the first time I hear anything about wanting to keep the house. I recorded the deed six weeks ago and I'm just waiting for him to vacate. I pointed out that he had signed a contract in Jan. and a warranty deed in Feb., plus he cashed my $2k check. He stated because I never gave him a copy of the paperwork, he didn't think it was binding. I tried everything to reason with him. I even offered another $2k to vacate. I pointed out that he came to me for help; he asked me to take his house; he asked me to give him time to find another place, he asked me to pay him $ before closing; etc...And I had accomodated every request. But now I couldn't give him the house. The more I try to reason, the more he's refusing to budge. My question is what should be my next action? 3 day notice for eviction? This guy is under the impression that even though he and his wife signed a deed, the house is still his. He believes that because we never had an "official" closing at an attorney's office nor paid off his mortgage, he can now keep the property. I regret not giving him a copy of all the paperwork last month. I met today with him and gave him a copy of the contract, the deeds, and the assignments of beneficial interest. I wonder; since I didn't give him a copy of the paperwork until yesterday, will this have any effect on the outcome of this ordeal? There appears to be no easy resolution. I'm certain that if I can evict him, he'll ruin the house prior to leaving. Someone please wish me luck. Thanks |
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#2
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| Take your paperwork (contracts, copy of cancelled check and deeds) to a local Real Estate attorney and sue his butt for specific performance and also begin eviction proceedings against him. It's time to get nasty.
__________________ Just because I'm a miserable human being doesn't mean I'm not right... |
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