Land Contract

[CREDIT WORTHY]

What is the name of your state (only U.S. law)? PA

If a person signed a land contract with owners and then couldn't continue to make payments because of financial reasons, can they be sued for the balance of the sellers mortgage or what they were going to sell the home for? Also, the sellers repossed the home, but want the potential buyers to pay for the mortgage. Is this legal. They took them to court and won. Go figure!

Please respond.

 

[Zigner]

What is the name of your state (only U.S. law)? PA

If a person signed a land contract with owners and then couldn't continue to make payments because of financial reasons, can they be sued for the balance of the sellers mortgage or what they were going to sell the home for? Also, the sellers repossed the home, but want the potential buyers to pay for the mortgage. Is this legal. They took them to court and won. Go figure!

Please respond.

You answered your own questions. Good day.

 

[latigo]

What is the name of your state (only U.S. law)? PA

If a person signed a land contract with owners and then couldn't continue to make payments because of financial reasons, can they be sued for the balance of the sellers’ mortgage or what they were going to sell the home for?

If this is eating away at you, then please follow your post by reciting for us, verbatim, each article or paragraph of the land sale contract describing the performances called for on the part of the buyer(s).

And the terms of the land sale contract with respect to the remedies of the seller(s) in the event of the buyer(s) default.

. . . . the sellers repossessed the home, but want the potential buyers (?) to pay for the mortgage. They took them to court and won. Is this legal? Go figure.

If you believe that to be so, then, again please recite for us the court’s findings of fact, its conclusions of law and the order favoring the seller(s).
_________________

Also, explain your use of the adjective “potential” as in “potential buyers”. How could one be in default, have the sale rescinded and still carry the label, “potential buyer”?

And why have you used both present and past tense – as in “what they want and what they got? Do they want more than they already got/won?
___________

If the stated remedies of the sellers upon the buyers default were to both (1) rescind the agreement, retake possession of the land and (2) recover damages for breach of contract (or otherwise obtain some form of judicial relief - other than a Writ of Possession), such would be an unconscionable and voidable contract!

Where rescission of contract is an optional remedy in the event of the buyers default, upon such a default the seller must make an election between its remedies. That is, either confirm the contract and hold the buyer to perform as agreed, or disaffirm, rescind the deal and retake the land. The seller cannot have both - can't have its cake and eat it too.

But personally I don’t believe that a Pennsylvania Court of Common Pleas would sanctioned such an agreement nor are you privy enough to prove to us that one did.

So you go figure and come back when done figuring.

 

[CREDIT WORTHY]

lLAND CONTRACT

You answered your own questions. Good day.

I don't think I answered my own question. This is not my situation but a customer of mine. They lost by default, because they didn't show up. The papers were sent to the property which they were evicted from.

 

[Zigner]

I don't think I answered my own question. This is not my situation but a customer of mine. They lost by default, because they didn't show up. The papers were sent to the property which they were evicted from.

I would suggest that you advise your customers to consult with an attorney. Good day.

 

[CREDIT WORTHY]

The court order favored the seller because the other party lost by default. This is now a judgement for the total sale price on their credit report, even though they don't have posession of the property. In this case the seller wants to have his cake & eat it to. It clearly states in the contract that if they couldn't follow through with the contract they would rescind the agreement & take posession of the property. Could this judgement be vacated?

And oh by the way the court did sanction the agreement. I also don't need to go figure because this information is for my clients. WHY ARE THE SENIOR MEMBERS ON THIS BOARD SO-S=O-O-O RUDE!! I think we are all just looking for information.

If this is eating away at you, then please follow your post by reciting for us, verbatim, each article or paragraph of the land sale contract describing the performances called for on the part of the buyer(s).

And the terms of the land sale contract with respect to the remedies of the seller(s) in the event of the buyer(s) default.



If you believe that to be so, then, again please recite for us the court’s findings of fact, its conclusions of law and the order favoring the seller(s).
_________________

Also, explain your use of the adjective “potential” as in “potential buyers”. How could one be in default, have the sale rescinded and still carry the label, “potential buyer”?

And why have you used both present and past tense – as in “what they want and what they got? Do they want more than they already got/won?
___________

If the stated remedies of the sellers upon the buyers default were to both (1) rescind the agreement, retake possession of the land and (2) recover damages for breach of contract (or otherwise obtain some form of judicial relief - other than a Writ of Possession), such would be an unconscionable and voidable contract!

Where rescission of contract is an optional remedy in the event of the buyers default, upon such a default the seller must make an election between its remedies. That is, either confirm the contract and hold the buyer to perform as agreed, or disaffirm, rescind the deal and retake the land. The seller cannot have both - can't have its cake and eat it too.

But personally I don’t believe that a Pennsylvania Court of Common Pleas would sanctioned such an agreement nor are you privy enough to prove to us that one did.

So you go figure and come back when done figuring.

 

[LdiJ]

The court order favored the seller because the other party lost by default. This is now a judgement for the total sale price on their credit report, even though they don't have posession of the property. In this case the seller wants to have his cake & eat it to. It clearly states in the contract that if they couldn't follow through with the contract they would rescind the agreement & take posession of the property. Could this judgement be vacated?

In that case, if not too much time has passed yes, it could be possible to get the judgement vacated. However, they REALLY need an attorney to help them with that...and they cannot dither about it either. Its something they would have to get going on like yesterday.

And oh by the way the court did sanction the agreement. I also don't need to go figure because this information is for my clients. WHY ARE THE SENIOR MEMBERS ON THIS BOARD SO-S=O-O-O RUDE!! I think we are all just looking for information.

To be honest, many of the posters here answer the same kinds of questions over and over again, and after a while, we can get a bit jaded. Most of the people who responded to you on this thread were not deliberately rude to you and honestly don't understand why you think that they were. I think that some of them get quite a bit rude from time to time, but I have stopped saying much about it because they honestly do not believe that they are being rude.

 

[CREDIT WORTHY]

Thank you so much for your response. I will give this information to my customers. Have a great day!

In that case, if not too much time has passed yes, it could be possible to get the judgement vacated. However, they REALLY need an attorney to help them with that...and they cannot dither about it either. Its something they would have to get going on like yesterday.



To be honest, many of the posters here answer the same kinds of questions over and over again, and after a while, we can get a bit jaded. Most of the people who responded to you on this thread were not deliberately rude to you and honestly don't understand why you think that they were. I think that some of them get quite a bit rude from time to time, but I have stopped saying much about it because they honestly do not believe that they are being rude.

 

[latigo]

The court order favored the seller because the other party lost by default. This is now a judgement for the total sale price on their credit report, even though they don't have posession of the property. In this case the seller wants to have his cake & eat it to. It clearly states in the contract that if they couldn't follow through with the contract they would rescind the agreement & take posession of the property. Could this judgement be vacated?

And oh by the way the court did sanction the agreement. I also don't need to go figure because this information is for my clients. WHY ARE THE SENIOR MEMBERS ON THIS BOARD SO-S=O-O-O RUDE!! I think we are all just looking for information.

“Oh by the way” yourself.

Information? If you will recall, I was also seeking information.

To-wit:

1. In verbatim the specific default remedies of the seller(s) as spelled out in the land sale contract.

2. The court’s findings of facts, conclusions of law and the complete order granting the sellers’ judgment.

Either those two documents are not available to you - and what we are hearing with regard thereto is strictly word-of-mouth from your clients, who may or may not have correctly interpreted the court’s order. (Which, I seriously doubt that you have ever seen let alone read.)

OR, if available to you, then for some inexplicable reason you refuse to divulge the contents.

Information, "oh by the way" that is essential in order to properly respond to your now dismissed legal questions.

Apparently it is okay for you to tell other people to “go figure”, but you are not willing to “go figure” on behalf of your clients for whom you have provided no service whatsoever by your casual use of this free advice legal forum, which you now dismiss with ingratitude and a thin-skinned, petulant attitude.

Have an nice day.

 

[CREDIT WORTHY]

Again, how rude and arrogant! Who is the administrator of this forum? Whatever.

I do have all the court documents and that's why I had questions about what was in the contract and what recourse, if any, my customers might have. I don't really need your input at this time because there was someone else who is also a senior member who gave me great info. This is a great site

You take care & try to have good day, just CALM DOWN.

“Oh by the way” yourself.

Information? If you will recall, I was also seeking information.

To-wit:

1. In verbatim the specific default remedies of the seller(s) as spelled out in the land sale contract.

2. The court’s findings of facts, conclusions of law and the complete order granting the sellers’ judgment.

Either those two documents are not available to you - and what we are hearing with regard thereto is strictly word-of-mouth from your clients, who may or may not have correctly interpreted the court’s order. (Which, I seriously doubt that you have ever seen let alone read.)

OR, if available to you, then for some inexplicable reason you refuse to divulge the contents.

Information, "oh by the way" that is essential in order to properly respond to your now dismissed legal questions.

Apparently it is okay for you to tell other people to “go figure”, but you are not willing to “go figure” on behalf of your clients for whom you have provided no service whatsoever by your casual use of this free advice legal forum, which you now dismiss with ingratitude and a thin-skinned, petulant attitude.

Have an nice day.