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butterfly296929

Junior Member
What is the name of your state? Arizona
I have a mortgage on property in Tucson AZ, I moved to another state, and have made a contract with someone to move into house. They have fallen behind in payments 120 days, I have given them notice to move out according to contract. They are now telling me they are getting a loan to pay off mortgage, but are going straight to mortgage company and not me. Can they bypass me? I have someone else to move into house and have made a new contract with them.:confused:
 


pojo2

Senior Member
What kind of contract? Rent to own, contract for deed, etc.

But would it not be prudent to end one contract BEFORE entering into another? Better not spend any down payment monies you have gotten for awhile.

You may have to foreclose on the current resident or possibly abide by tenant laws in your area. A legal consultation is in order.
 

seniorjudge

Senior Member
butterfly296929 said:
What is the name of your state? Arizona
I have a mortgage on property in Tucson AZ, I moved to another state, and have made a contract with someone to move into house. They have fallen behind in payments 120 days, I have given them notice to move out according to contract. They are now telling me they are getting a loan to pay off mortgage, but are going straight to mortgage company and not me. Can they bypass me? I have someone else to move into house and have made a new contract with them.:confused:
discussed here:

https://forum.freeadvice.com/showthread.php?p=1413283&posted=1#post1413283
 

acmb05

Senior Member
butterfly296929 said:
What is the name of your state? Arizona
I have a mortgage on property in Tucson AZ, I moved to another state, and have made a contract with someone to move into house. They have fallen behind in payments 120 days, I have given them notice to move out according to contract.They are now telling me they are getting a loan to pay off mortgage, but are going straight to mortgage company and not me. Can they bypass me? I have someone else to move into house and have made a new contract with them.:confused:
1. No they cannot do that until the mortgage company goes thru the legal process to take back the home. Until the morgage company either forecloses or calls your loan in you are the legal owner and they cannot sell it out from under you. You need to start evicting this tennant imediately

2. Why in the hell would you sign a new contract with someone else when you still have people living in the home? Now you could get stuck paying thier rent somewhere until your home is ready.
 

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