Land contract w/ dad

What is the name of your state? Kentucky
I own my home and I recently moved to another town to take care of my mother in law. My dad needed a place to stay so I offered my home if he made the pymts he agreed. He wanted to have papers drawn up that he was making pymts and not me so I agreed b/cuz I was in a hurry to move. Little did I know this was a land contract. Well after I find this out I also find out it is in direct violation w/ my mortgage company which was for first time home owners which my dad isnt! The mort. comp. is giving me 60 days to move back or they will foreclose. I told my dad this and he said he has money in that house now and he wasnt moving no matter if they foreclosed or not ( I dont see how he would have a choice). Anyway the land contract states he saw the property in and out and was taking it as is. The deed is still in my name and my dad is trying to get the money to pay this off but probably cant because of credit. Anyway, can he take me to court to get his money back he put into the house in paint and border after he moved in? If he cant get the money for the pay off 36,000, and I dont want the foreclosure, is there anyway to get him out of that house so that I can move back in w/ my kids? My dad has always taken advantage of me and I dont know why Im surprised this time..any suggestions?

[HomeGuru]

Originally posted by rickscitygirl
What is the name of your state? Kentucky
I own my home and I recently moved to another town to take care of my mother in law. My dad needed a place to stay so I offered my home if he made the pymts he agreed. He wanted to have papers drawn up that he was making pymts and not me so I agreed b/cuz I was in a hurry to move. Little did I know this was a land contract. Well after I find this out I also find out it is in direct violation w/ my mortgage company which was for first time home owners which my dad isnt! The mort. comp. is giving me 60 days to move back or they will foreclose. I told my dad this and he said he has money in that house now and he wasnt moving no matter if they foreclosed or not ( I dont see how he would have a choice). Anyway the land contract states he saw the property in and out and was taking it as is. The deed is still in my name and my dad is trying to get the money to pay this off but probably cant because of credit. Anyway, can he take me to court to get his money back he put into the house in paint and border after he moved in?

**A: yes, he may have a good case.
**********


If he cant get the money for the pay off 36,000, and I dont want the foreclosure, is there anyway to get him out of that house so that I can move back in w/ my kids?
**A: you need to file legal action.
**********

My dad has always taken advantage of me and I dont know why Im surprised this time..any suggestions?

**A: this was entirely your fault because you are an adult and you can read or had the option of hiring an attorney to review the land contract document for you before you signed.
In any case, since you are on the mortgage, it is your responsibility to make sure that selling the property would not trigger a due on sale clause.