Promissory Note Question

[goincrayzee]

What is the name of your state? florida

I will try to explain this situation as briefly as possible.
When purchasing our home in June/2004, we signed a promissory note with the previous homeowner agreeing to make monthly payments on a very large shed that was on the property. The following week, the previous homeowner was over our house and lowered the amount to be paid to her, as well as the monthly amount, she made the changes on the original promissory note, signed and dated it. We spoke with her the following month and she told us not to worry about paying her just yet, to "get on our feet first." This was a VERBAL agreement.

Over the following months, we remained friends and had her and her family at our house for bbq's, etc. Every time she was here she would tell us not to worry about the money just yet. In November, we handed her a check for a monthly payment and she told us she would hold on to it until the first of the year, 2005. At that time, she also told us she would be moving away within the next 30 days but would contact us.

She never contacted us, and never cashed the check we had given her. She didn't contact us until a certified letter came yesterday stating that she wanted to total amount of the shed (1,500), as well as interest and late fees, within 30 days or she would remove the shed from the property. The total is now 2,500 due.

I called the phone number on the letter and offered her the 4 months (since January), with late fees, and told her to cash the check we had given her in November. She refused. She stated she would be here in 30 days to get the shed.

What recourse do I have at this point? The promissory note does state that she has the right to remove the shed from the property without fear of trespassing. What rights do I have? She broke the contract by refusing payment from us, didn't she?

We are in no position to hire an attorney and I don't know if this is a civil matter that can be handled in small claims. Is there a way to keep her off my property?

Thanks for any help you can give. (I almost wish the two hurricane's that came through here took the damn shed with it!).

 

[JETX]

What recourse do I have at this point?

Even though she may have refused payments, you should have been 'banking' the payments in the interim. So, the answer is simple... used those 'banked' funds to pay her the amount you owe her. If the original agreement makes no mention of late fees, penalty's or interest, you don't owe them. If it does, then you can certainly try to refuse payment.... but absent any PROOF to the contrary, the written agreement will likely 'trump' any claim of verbal change.

The promissory note does state that she has the right to remove the shed from the property without fear of trespassing. What rights do I have?

See above.

She broke the contract by refusing payment from us, didn't she?

No. She may have altered the terms (and that would require a review by a court), but there is nothing in your post that would even suggest her 'alterations' waived her right to payment.

Is there a way to keep her off my property?

Yep. Simply call the police if she trespasses.

I almost wish the two hurricane's that came through here took the damn shed with it!.

Since you clearly don't want it.... why not just let her take it??

 

[goincrayzee]

Thanks! I have another question

Thanks for answering my questions.
I know I stated I wish the hurricane's had taken it, but I guess I really didn't mean that! We very much NEED the shed and are in no position to replace it, at this point.

As for trespassing, would the police be able to do anything about it since she has the promissory note stating she can enter our property "without fear of trespassing".

Also, she stated she would have professional installers remove the shed. It's very large and I don't think it can be disassembled. I would imagine I have a right, as a homeowner, to request to see proper licences and proof of liability before allowing anyone on my property. I don't see why I should be liable should someone get injured.

Thanks again!

 

[JETX]

As for trespassing, would the police be able to do anything about it since she has the promissory note stating she can enter our property "without fear of trespassing".

Depends on the officer dispatched to the scene. Usually, an office in a situation like this will see that it is a civil matter and tell both parties to resolve it in court. However, I have seen some cases where the officer will try to 'resolve' the matter.

Also, she stated she would have professional installers remove the shed. It's very large and I don't think it can be disassembled. I would imagine I have a right, as a homeowner, to request to see proper licences and proof of liability before allowing anyone on my property. I don't see why I should be liable should someone get injured.

I agree.... and further suggestion that the seller may have to pursue her claim via the courts or try to negotiate a resolution.