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11-12-2008, 04:56 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | Forclosure? owner financed What is the name of your state (only U.S. law)? Oregon
In 2002 my husband and I bought a piece of land with seller carry. The morgage was for $30,000 @ 8% intrest for 25 years. Now comes the difficult part and what I am now having issues with I fell behind a few times but they allways worked with me to get back on track only thing I didn't realise is that I never was back on track all my efforts paid were interest so now I am 12 months behind in principle payments, that would be for me around 3,000 dollars not much but i don't have it right now. I've been current on all payments for well over a year never late or missed I am paying extra every month to catch up and it was agreed by the seller. Now it gets even muddier there is a second piece of property smaller than the one I am buying that is suposed to be gifted at the end of the loan(orriganally we were to buy them both together for the 30,000) it could not be included in the original loan because it was tied up in the sellers home as part of a disaster relief loan at 2% intrest they had no wish to refinance their home. now skip ahead they are divorced the wife is now the seller and she states I had not paid taxes for the property for three years and she says I am in default of the agreement this is taxes for land not in my name in her control. Not the land I purchased, but land in her name that I use. There is a driveway for that running through my land but no recorded easment. The seller shows up tresspasses on my land when she thinks I am at work I caught her once her ex husband told me about another time when she came here to have a news article done about surviving a landslide.
Now what I need to know is can she evict us for not paying property taxes for property not in our name if I pay them what recourse do I have and if I catch all my payments up can she still evict for prior missed payments? | 
11-12-2008, 05:33 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 5,487
| | | If you haven't made the payments and fulfilled the terms of the mortgage she can foreclose.
You don't seem to understand. She can not foreclose if you are current (no matter how late you were in the past) or you make up the deficiency in the 90 days from when she actually serves the foreclosure papers. You are not "current on payments" unless all prior payments are made.
She can not evict you from land you own. The foreclosure would need to be final (sheriffs sale) before that. She can make your informal easement issues a bit sticky. "Supposed to be gifted" that is not in writing is not binding. | 
11-12-2008, 05:35 PM
| | Member | | Join Date: Oct 2008
Posts: 51
| | | Do You have all of this recorded? Meaning documentation? If so, what are they?
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11-12-2008, 05:49 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | Quote:
Originally Posted by FlyingRon If you haven't made the payments and fulfilled the terms of the mortgage she can foreclose.
You don't seem to understand. She can not foreclose if you are current (no matter how late you were in the past) or you make up the deficiency in the 90 days from when she actually serves the foreclosure papers. You are not "current on payments" unless all prior payments are made.
She can not evict you from land you own. The foreclosure would need to be final (sheriffs sale) before that. She can make your informal easement issues a bit sticky. "Supposed to be gifted" that is not in writing is not binding. | I have been stupid all the way around I have a mortgage filed with a title company she(the seller) is the paid through them. I have nothing in writing about the gift property other than the original paperwork from my offer at the realestate office way back in 2002 which said I'd buy both with different sums totaling 30,000. the seller wants me to pay the taxes for all past years and this on property she retains in her name. I think I might need an attorney to get this figured out I have not a scrap of paper saying I have to pay property taxes on the other parcel although doing so I would guess mean I am entitled to it in the long run. | 
11-12-2008, 05:52 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | Quote:
Originally Posted by s_abbott84 Do You have all of this recorded? Meaning documentation? If so, what are they? | The only documents I have are the title company documents on the first property the one the sale is for they would not get involved in writing notes for a property that is tied up with another loan meaning that the seller could not legally sell the property that she wants tax money for now. | |
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