Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-17-2005, 03:09 AM
Junior Member
 
Join Date: Mar 2005
Posts: 1
Question

Deed Recorded -- Seller Won't Vacate, Please HELP


Hi 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
  #2  
Old 03-17-2005, 06:35 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
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...
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:08 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.