tenant/lease purchase

[Tiffany Mura]

My husband and I are currently in a sticky situation, whereas we had a lease purchase that had a down payment of $2,400 but according to our original attorney could only be returned if the mortgage company would not approve the mortgage in the allocated time period. Specifically if my husband lost his job, which did occur. However our original attorney has since deceased and we are currently waiting till my husband's new job's legal benefits kick in, which would be in a week or so. But the seller's attorney keeps notifying us that they are definatly not refunding the down payment because they believe they would win in court. And although we realize one thing has nothing to do with the other, We refused to send the last rent payment and the next one is do in a few days, they are threatening to evict us (child included) if we do not forfeit the rent which they raised with no notice till we vacate. To that we replied in writing we would be vacating the premises by the end of the month. They however in fact have not filed any eviction procedures as of yet, thus my question is should we hire and attorney immediately or can we wait a week till my husband's benefits kick in.. It took us a long time to fix our credit history and we do not need and eviction on it, especially since the seller's lawyer is also threatening to charge us any legal fees the seller incurs!
Tiffany N

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[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tiffany Mura:
My husband and I are currently in a sticky situation, whereas we had a lease purchase that had a down payment of $2,400 but according to our original attorney could only be returned if the mortgage company would not approve the mortgage in the allocated time period. Specifically if my husband lost his job, which did occur. However our original attorney has since deceased and we are currently waiting till my husband's new job's legal benefits kick in, which would be in a week or so. But the seller's attorney keeps notifying us that they are definatly not refunding the down payment because they believe they would win in court. And although we realize one thing has nothing to do with the other, We refused to send the last rent payment and the next one is do in a few days, they are threatening to evict us (child included) if we do not forfeit the rent which they raised with no notice till we vacate. To that we replied in writing we would be vacating the premises by the end of the month. They however in fact have not filed any eviction procedures as of yet, thus my question is should we hire and attorney immediately or can we wait a week till my husband's benefits kick in.. It took us a long time to fix our credit history and we do not need and eviction on it, especially since the seller's lawyer is also threatening to charge us any legal fees the seller incurs!
Tiffany N

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Pay the rent due so they have no grounds to commence eviction action. This will buy you the time to get legal counsel.