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Foreclosure or eviction

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Marcusbelle23

New member
What is the name of your state? Pennsylvania

In September 2017 my husband and I bought a home with an owner held mortgage. The mortgage included a quitclaim deed and we put up $5000.00 for our down payment. Our monthly rent includes rent, taxes,and interest. In October of 2017, the landlord/mortgage holder charged us for 2017 property taxes. At the beginning of this year, my husband became very ill and we fell behind 3 months. I have/had every intention of catching up. When I tried to talk to him, he became aggressive and hung up on me. I just got a landlord/tenant complaint for the recovery of real property. So I have a few questions.

First, he marked that the only reason for eviction was past due rent; and marked that my rent was 1100.00 with (only) a $500.00 security deposit. Where did my $5,000.00 go? Because he filed that only past due rent was the cause, am I eligible for the “pay and stay” that PA has or does the quitclaim deed prevent that?
Second, because my rent includes taxes and we bought the home in September, am I liable to reimburse him for taxes that he paid on the property prior to purchasing the home or am I paying double taxes?
Third, while I completely understand that I bought the home in an as is condition, recently our sewage line backed up (and I mean BAD). The plumber that came out verified that sewage line was new but was not up to code and would have never passed inspection. My outlet pipe goes into the basement floor and up outside the basement window, etc. I just found out that the landlord did in fact run the new sewage line. Is this something that can be brought up in the hearing?
And would this be a landlord tenant complaint or should it be a foreclosure?

Again, I do have the past due money to pay at the hearing and a copy of a spreadsheet he sent showing the down payment and the charge for taxes. I’m basically looking for my rights (if any) or should I just start looking for a new place?

Thanks for the help in advance!
 


xylene

Senior Member
You need a lawyer to review your purchase contract.

Bluntly, if the house has so many issues that are sure to be very expensive, and you are having a hard time affording it, something to talk about may be options for moving on with the least damage.
 

Marcusbelle23

New member
did you record your contract with this guy at the county govt center ?
No! That was the other point I forgot to mention. I checked the records online and it doesn’t show our purchase. I had believed that in order for the purchase to be legal it had to be recorded.
 

Marcusbelle23

New member
You need a lawyer to review your purchase contract.

Bluntly, if the house has so many issues that are sure to be very expensive, and you are having a hard time affording it, something to talk about may be options for moving on with the least damage.
I agree. Thankfully, we aren’t having financial difficulties now so the amount isn’t hard to pay. Just those couple months where our income was cut. We own a construction company so losing my husband for three months hurt. But I do agree that with the plumbing/sewer issue, it’s something to be considered for sure!
 

HRZ

Senior Member
You have at least three sets of issues ...and you would be smart to use counsel .

1. It's not quite clear what you meanby a LT complaint for recovery....if you mean an action to evict for nonpayment of rent ..PA does indeed favor a cure by payment of rents due ...and even if you were to lose in DJ court a timely appeal from that triggers the matter de novo into count court and LL must do it all over again .
BUt it's very unclear if you are a tenant or an owner
....is that a quit claim deed to you from seller or some sort of quit claim deed back to seller if you default on mortgage ?
BTW the ONLY issue the Plaintiff is supposed to be raising in DJ court is supposed to be raising in court is the one cited in complaint

2. AS another posted, recording your deed if you got a deed lease /purchase deal at county courthouse is a important technical step ...confirm it is applicable in your fact pattern with your attorney. I think it would be useful to go to county courthouse and sort out just what is on record for this property and the same at town hall with copies of everyting....your attorney will want to read thru this .

3. Rules about sales vary literally by town in PA ..and in my town lack of town inspection prior to the "sale" could trigger all sorts of problems for the seller INCLUDING making seller obligated to bring everything up to code ....but your local rules may differ. . STOP commenting about buying it as is.

This picture does not hang together ...and the sooner you get legal eyes on it the better .
 

LdiJ

Senior Member
What is the name of your state? Pennsylvania

In September 2017 my husband and I bought a home with an owner held mortgage. The mortgage included a quitclaim deed and we put up $5000.00 for our down payment. Our monthly rent includes rent, taxes,and interest. In October of 2017, the landlord/mortgage holder charged us for 2017 property taxes. At the beginning of this year, my husband became very ill and we fell behind 3 months. I have/had every intention of catching up. When I tried to talk to him, he became aggressive and hung up on me. I just got a landlord/tenant complaint for the recovery of real property. So I have a few questions.

First, he marked that the only reason for eviction was past due rent; and marked that my rent was 1100.00 with (only) a $500.00 security deposit. Where did my $5,000.00 go? Because he filed that only past due rent was the cause, am I eligible for the “pay and stay” that PA has or does the quitclaim deed prevent that?
Second, because my rent includes taxes and we bought the home in September, am I liable to reimburse him for taxes that he paid on the property prior to purchasing the home or am I paying double taxes?
Third, while I completely understand that I bought the home in an as is condition, recently our sewage line backed up (and I mean BAD). The plumber that came out verified that sewage line was new but was not up to code and would have never passed inspection. My outlet pipe goes into the basement floor and up outside the basement window, etc. I just found out that the landlord did in fact run the new sewage line. Is this something that can be brought up in the hearing?
And would this be a landlord tenant complaint or should it be a foreclosure?

Again, I do have the past due money to pay at the hearing and a copy of a spreadsheet he sent showing the down payment and the charge for taxes. I’m basically looking for my rights (if any) or should I just start looking for a new place?

Thanks for the help in advance!
I agree with the advice that you need to see a real estate attorney ASAP. If you are buying the house, you are not paying rent you are making installment payments and you cannot be evicted, the mortgage holder would have to file a foreclosure suit. A foreclosure suit is much more complicated and takes a lot longer than an eviction.
 

HRZ

Senior Member
And an installment land contract sale ( PA law added in 1965) which this may well be is another can of worms which really require legal eyes to address. You do not want to get " tricked " into default and miss a cure option.
 

Marcusbelle23

New member
Just wanted to post an update: I did speak with a real estate lawyer who believes that my “purchase” may very well be a scam that the seller does to turn profits. She was concerned with my sale not being recorded and also stated that in PA a landlord cannot act as both bank and landlord. Does anyone know the statue for that? I’ve searched and unable to find anything. She advised me that my best defense is to advise that since this agreement was written as a mortgage that small claims court has no jurisdiction over it. She also advised in not paying anything at this time.
Additionally, even further suspect- when searching for my copy of my mortgage, I found that it had been destroyed in previously mentioned sewage backup. When I called the “sellers” attorney where the papers were drawn I was refused a copy. Hmmm... I am VERY nervous to go into court for this.
 

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