A big mess!!

[sunnybouy92]

What is the name of your state (only U.S. law)? OHIO (Lorain County)
Hello there,
So my family used to live in Maryland before we moved to Ohio that's about three years ago. The reason we moved to ohio is my maternal uncle owned a restaurant and a recently purchased brand new house. He had came in to United States illegally and the property he owned was registered as Friend was the owner. Since my uncle got deported, his wife and his property was left (note: His wife is not legally allowed in United States). Hence, my maternal uncle called my mom and said about situation, and my mom agreed to buy 33 share of the restaurant and the brand new house. The house is worth 275K, he claimed that he made down payment of 100k and 165k was mortage. since it was a internal trusted family matter. my mom and dad agreed to pay 100k in payment over next 15 years as a loan with 3 percent interest (we moved into house and pay all of his friend's mortgage and all property taxes since june 2010) . Now he is not giving us a purchase agreement and wants all of his money(down payment). Without an purchase agreement, we cannot apply for the loan or anything else. can we get some advice? thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? OHIO (Lorain County)
Hello there,
So my family used to live in Maryland before we moved to Ohio that's about three years ago. The reason we moved to ohio is my maternal uncle owned a restaurant and a recently purchased brand new house. He had came in to United States illegally and the property he owned was registered as Friend was the owner. Since my uncle got deported, his wife and his property was left (note: His wife is not legally allowed in United States). Hence, my maternal uncle called my mom and said about situation, and my mom agreed to buy 33 share of the restaurant and the brand new house. The house is worth 275K, he claimed that he made down payment of 100k and 165k was mortage. since it was a internal trusted family matter. my mom and dad agreed to pay 100k in payment over next 15 years as a loan with 3 percent interest (we moved into house and pay all of his friend's mortgage and all property taxes since june 2010) . Now he is not giving us a purchase agreement and wants all of his money(down payment). Without an purchase agreement, we cannot apply for the loan or anything else. can we get some advice? thanks

Your uncle DOES NOT own the house. It is not HIS house. He has no right to sell that house. He has no right to make any deals regarding that house. He has no right to lease that house or do anything with that house. HIS FRIEND owns the house. His friend will most likely thank you immensely for paying the loan on his house. His friend could actually move to evict you from that house because the friend is the owner. In addition, you and your family have NO CLAIM OR RIGHTS to that house unless you have a contract with the OWNER of the house (the friend). Congrats. No court is going to support your family in buying this house. Why? Because it is an ILLEGAL deal.

 

[sunnybouy92]

Well we have asked his friend to give a sale note for the house, but my uncle doesn't let him because he wants all his money on the spot (not as we said on monthly basis).

 

[Ohiogal]

Well we have asked his friend to give a sale note for the house, but my uncle doesn't let him because he wants all his money on the spot (not as we said on monthly basis).

Do you have a WRITTEN contract to buy the house? Do you have a WRITTEN contract for purchase? If not, you are not buying the house. Without a WRITTEN contract for purchase with the owner of the house (the friend) you are not buying the house. Nor are your parents buying the house. The friend does not need your uncle's permission to sell his (the friend's) house. Your uncle is running a scam.
Verbal deals are NOT enforceable. A written contract to buy a house from someone who is not the owner (your uncle) is NOT an enforceable contract.

 

[sunnybouy92]

I would not say its a written contract but his friend and himself, wrote it down on a paper( its not notary, just a paper; they have one copy for it and we have other copy). the paper states all the payments for the house in june 2010 are done by us, and we will be buying the house.

 

[Ohiogal]

I would not say its a written contract but his friend and himself, wrote it down on a paper( its not notary, just a paper; they have one copy for it and we have other copy). the paper states all the payments for the house in june 2010 are done by us, and we will be buying the house.

Nope. Not a legal contract. Not binding. Not at all. Your family is not buying the house. To do a land contract or something of that nature it needs to be recorded. It needs to be done in accordance with statute. And you don't have that. Congrats. Good try. Not happening. You need a real estate attorney to draw up a contract and properly follow through on it. With the friend. Not your uncle.

 

[sunnybouy92]

Thanks a really appreciate your help/ advice!!

Nope. Not a legal contract. Not binding. Not at all. Your family is not buying the house. To do a land contract or something of that nature it needs to be recorded. It needs to be done in accordance with statute. And you don't have that. Congrats. Good try. Not happening. You need a real estate attorney to draw up a contract and properly follow through on it. With the friend. Not your uncle.