What is the name of your state (only U.S. law)? missouri
so, I'm not sure which forum to put this in: mortgage and foreclosure or landlord /tenant issues. I have no objection to a moderator moving this to the appropriate forum as neccessary.
my question:
last week I get find notice taped to the door of the property I was buying.
I was about 10 days over the 45 day default period on my payments for two months consecutive (my bad, hadn't read the contract in quite a while and thought I had 60 days instead of the actual 45). the seller freaked out about my not living on the property over the winter (thought the water was on or something like that, they said) and issued me a 'you're in default, get out in 14 days' notice. I'm not required by contract to live there.
ok, well, for the notice they quote a part of the contract which allows them to default me if I go over 45 days. sure, they're right about the delinquency, but...
first: they state they never recieved the Nov. 1 payment, when in fact they deposited it days before mailing the notice. I can prove it with a bank statement, but too bad I didn't send it certified because the postmark was almost a week earlier than the deposit.
second: later in the contract is specified that I as the buyer am entitled to 10 days after being delivered notice to clear any default conditions without my getting kicked out. never got that, just the straight up 'eviction and we're taking your collateral' notice, and in fact, after their lawyer advised them to return my phone calls they refused to accept the December payment (or any further payments at all) a full week before it's 45 days grace period expired.
so, I sent 'em a letter certified with the keys on the 14 day mark after clearing out what I could of my stuff, and dropped a copies of that letter and their notice with their lawyer. told him I wanted the contract voided and both properties revert to their original owners (in which case I'll pay reasonable damages to the trailer) both because their notice cheats me of my right to clear default under contract and because they lied about nonpayment as the sole reason to claim default in addition to refusing further payments under contract. the letter I sent is the best I could cobble together without legal training, but I point out their misstatement about not recieving payment and quote the contract lines about being required ten days notice to correct default. if anyone with training wants to help me evaluate my chances of success with some more details (I'd settle for partial success, retaining some equity instead of my 20 acres collateral, as I have about $13k in principal paid currently on the $31k note,) I can scan the notice of default and my reply...
if anyone has simple questions I can answer here on the forum I will do that as well to try to get some more info.
Thanks!
so, I'm not sure which forum to put this in: mortgage and foreclosure or landlord /tenant issues. I have no objection to a moderator moving this to the appropriate forum as neccessary.
my question:
last week I get find notice taped to the door of the property I was buying.
I was about 10 days over the 45 day default period on my payments for two months consecutive (my bad, hadn't read the contract in quite a while and thought I had 60 days instead of the actual 45). the seller freaked out about my not living on the property over the winter (thought the water was on or something like that, they said) and issued me a 'you're in default, get out in 14 days' notice. I'm not required by contract to live there.
ok, well, for the notice they quote a part of the contract which allows them to default me if I go over 45 days. sure, they're right about the delinquency, but...
first: they state they never recieved the Nov. 1 payment, when in fact they deposited it days before mailing the notice. I can prove it with a bank statement, but too bad I didn't send it certified because the postmark was almost a week earlier than the deposit.
second: later in the contract is specified that I as the buyer am entitled to 10 days after being delivered notice to clear any default conditions without my getting kicked out. never got that, just the straight up 'eviction and we're taking your collateral' notice, and in fact, after their lawyer advised them to return my phone calls they refused to accept the December payment (or any further payments at all) a full week before it's 45 days grace period expired.
so, I sent 'em a letter certified with the keys on the 14 day mark after clearing out what I could of my stuff, and dropped a copies of that letter and their notice with their lawyer. told him I wanted the contract voided and both properties revert to their original owners (in which case I'll pay reasonable damages to the trailer) both because their notice cheats me of my right to clear default under contract and because they lied about nonpayment as the sole reason to claim default in addition to refusing further payments under contract. the letter I sent is the best I could cobble together without legal training, but I point out their misstatement about not recieving payment and quote the contract lines about being required ten days notice to correct default. if anyone with training wants to help me evaluate my chances of success with some more details (I'd settle for partial success, retaining some equity instead of my 20 acres collateral, as I have about $13k in principal paid currently on the $31k note,) I can scan the notice of default and my reply...
if anyone has simple questions I can answer here on the forum I will do that as well to try to get some more info.
Thanks!