I posted this on the landlord/tenant forum because it mentioned eviction but think it might need to be here.
What is the name of your state? Nevada
Long story, try to be brief. I entered into a 2 year owner carry that has somehow translated into land contract in RE docs. I paid $26k down and paid $700 per month reliably. It's a doublewide mobile on an acre.
It's my understanding that an Unlawful Detainer refers to tenants? We're not tenants. We aren't lease ops, we aren't rentals. I haven't gotten ANYthing from this guy except this summons yesterday. I'm suspecting retaliation because he wanted to get a 'repair loan' (where was he over the last 14 months? I don't have enough space to write all the problems we've run into here) Since I assumed that in buying this place I was entitled to 'quiet enjoyment' while I was paying the house payments reliably I ignored his phone messages because he is very controlling and annoying to try to talk to .
Seller has been badgering my mortgage people and me relentlessly to get the funds on the balance of the contract cleared for almost a year. I suspect some sort of corruption in this situation. 14 months into the 2 year contract, (which is suspiciously right before the RE market here picks up) in the Summons he is complaining about my only having 50k insurance on the property, even though he's known about it for 14 months (he was insisting on the balance of the "loan", $102k, except you can't legally get insurance for anything except replacement value of the buildings), 60 feet worth of fencing and about $200 of skirting to repair that we had to remove due to accessing bad plumbing to repair in addition to dealing with a serious fire ant infestation. Oh, and the plumbing is mentioned in the Summons as well. Like the fact that I had to repair the plumbing meant it was my fault. The summons sounds like he was trying to fill his complaint in his attempts to ruin me and my 15yo daughter. (we have all of our money invested in this place)
Another thing is it's still listed in his name in the tax office. I suspect fraud with the RE company he used. It's also listed in the MLS as "pending" in spite of numerous questions with the RE office. I technically can't sell it through a realtor at this point. He wanted to bring an appraisor in to get an 'equity loan'...Uh, excuse me, but what about my $26k?
He maintains ownership enough to try to get an equity loan yet in the summons he lists that I haven't paid the taxes. I'm crying foul and believe that he already has a loan lined up. (Yes I have paperwork for the sale, but the summons only has part of it)
I've bought several places owner carry and this is the most screwed up one I have ever run into. This one, however, is the most important because we stand to lose everything. I'm down to pennies, in a place where employment is almost impossible to find, can't get assistance of any kind and certainly can't afford a lawyer.
Oh, and it's supposedly 'owned' by his management corp which is currently in default prior to the filing.
Yes, this isn't easy reading, but I really need some serious very quick input. My daughter and I depend on this one.
Thanks
April
What is the name of your state? Nevada
Long story, try to be brief. I entered into a 2 year owner carry that has somehow translated into land contract in RE docs. I paid $26k down and paid $700 per month reliably. It's a doublewide mobile on an acre.
It's my understanding that an Unlawful Detainer refers to tenants? We're not tenants. We aren't lease ops, we aren't rentals. I haven't gotten ANYthing from this guy except this summons yesterday. I'm suspecting retaliation because he wanted to get a 'repair loan' (where was he over the last 14 months? I don't have enough space to write all the problems we've run into here) Since I assumed that in buying this place I was entitled to 'quiet enjoyment' while I was paying the house payments reliably I ignored his phone messages because he is very controlling and annoying to try to talk to .
Seller has been badgering my mortgage people and me relentlessly to get the funds on the balance of the contract cleared for almost a year. I suspect some sort of corruption in this situation. 14 months into the 2 year contract, (which is suspiciously right before the RE market here picks up) in the Summons he is complaining about my only having 50k insurance on the property, even though he's known about it for 14 months (he was insisting on the balance of the "loan", $102k, except you can't legally get insurance for anything except replacement value of the buildings), 60 feet worth of fencing and about $200 of skirting to repair that we had to remove due to accessing bad plumbing to repair in addition to dealing with a serious fire ant infestation. Oh, and the plumbing is mentioned in the Summons as well. Like the fact that I had to repair the plumbing meant it was my fault. The summons sounds like he was trying to fill his complaint in his attempts to ruin me and my 15yo daughter. (we have all of our money invested in this place)
Another thing is it's still listed in his name in the tax office. I suspect fraud with the RE company he used. It's also listed in the MLS as "pending" in spite of numerous questions with the RE office. I technically can't sell it through a realtor at this point. He wanted to bring an appraisor in to get an 'equity loan'...Uh, excuse me, but what about my $26k?
He maintains ownership enough to try to get an equity loan yet in the summons he lists that I haven't paid the taxes. I'm crying foul and believe that he already has a loan lined up. (Yes I have paperwork for the sale, but the summons only has part of it)
I've bought several places owner carry and this is the most screwed up one I have ever run into. This one, however, is the most important because we stand to lose everything. I'm down to pennies, in a place where employment is almost impossible to find, can't get assistance of any kind and certainly can't afford a lawyer.
Oh, and it's supposedly 'owned' by his management corp which is currently in default prior to the filing.
Yes, this isn't easy reading, but I really need some serious very quick input. My daughter and I depend on this one.
Thanks
April