HELP!! Buyer trashed house and did not purchase!

[ndskies]

undefinedWhat is the name of your state? Tennessee

Buyer & Seller (me) signed contract with noted that Buyer responsible for "and/or liens".

Buyer "found out" the house had second mortgage and did not purchase.

Seller (me) had another Buyer offer to purchase to prevent foreclosure. 2nd Buyer inspected house and declined because the house was "trashed."

Seller (me) found out the damage the day before foreclosure.

1. First Buyer gutted house - carpet removed, floors stripped to sub-flooring, toilet in tub, sink on outside porch, ripped up hardwood floors and left it.

2. Second Buyer was 2nd mortgage holder and I would sell without foreclosure or 2nd mortgage.

3. House foreclosed and left me with 2nd mortgage to pay. 1st Buyer has not offered anything. Says he owes something but not 2nd mortgage ($9,000)

4. I have photos if anyone wants to see them.

WHAT RECOURSE DO I HAVE???

DO I HAVE ANY RECOURSE???

 

[PghREA]

Why did the first buyer have access to the home prior to closing?

 

[HomeGuru]

undefinedWhat is the name of your state? Tennessee

Buyer & Seller (me) signed contract with noted that Buyer responsible for "and/or liens".

Buyer "found out" the house had second mortgage and did not purchase.

Seller (me) had another Buyer offer to purchase to prevent foreclosure. 2nd Buyer inspected house and declined because the house was "trashed."

Seller (me) found out the damage the day before foreclosure.

1. First Buyer gutted house - carpet removed, floors stripped to sub-flooring, toilet in tub, sink on outside porch, ripped up hardwood floors and left it.

2. Second Buyer was 2nd mortgage holder and I would sell without foreclosure or 2nd mortgage.

3. House foreclosed and left me with 2nd mortgage to pay. 1st Buyer has not offered anything. Says he owes something but not 2nd mortgage ($9,000)

4. I have photos if anyone wants to see them.

WHAT RECOURSE DO I HAVE???

DO I HAVE ANY RECOURSE???

**A: you may have little or no recourse. Or it will not be worth it to pursue.

 

[ndskies]

Little or no recourse?

I understand that a contract is legally binding. The Buyer left me with a $9,000 second mortgage.

 

[ndskies]

Buyer...

The Buyer who trashed my house is my nephew. I live in one city; he lives where the house is located.

 

[JETX]

I understand that a contract is legally binding. The Buyer left me with a $9,000 second mortgage.

No he didn't. The buyer left you with YOUR second mortgage. A mortgage is NOT a lien.... and your 'agreement' that he be responsible for "and/or liens" is not valid. You had a fool for an attorney (or did you draw this up yourself?).

If you think you have a claim against him (depending on the FULL story, you may or may not), then go file in small claims (up to $10 in TN). If your damages are more, then go see a local attorney, you would need an attorney to sue in higher court anyway.

 

[ndskies]

What about damage...

If the 1st buyer did not want the house because of the second mortgage - (and it is over $10K worth of damage) Is that small claims? I would understand backing out of the second mortgage but not after trashing the house. The property destruction ruin my chance to sell to second mortage holder who wanted to purchase the house from me. For mortgage amount from 1st mortgage holder. No harm, no foul until the 2nd Buyer saw the gutted house.

 

[JETX]

If the 1st buyer did not want the house because of the second mortgage - (and it is over $10K worth of damage) Is that small claims? I would understand backing out of the second mortgage but not after trashing the house. The property destruction ruin my chance to sell to second mortage holder who wanted to purchase the house from me. For mortgage amount from 1st mortgage holder. No harm, no foul until the 2nd Buyer saw the gutted house.

Your 'damages' are the amount of money you are out in having to return the property back to its original (pre-damage) condition.
I suggest you talk with your insurance company. Depending on the FACTS (lease, etc.), they might cover the amount over your deductible.

Also, lets assume you sue your nephew and get a judgment against him. Does he have any non-exempt assets you can seize to force payment?

 

[ndskies]

rub...

I no longer own the house. Insurance would not "fix" the problem. He has no tangible property; however has public job.

I don't understand this:

I had a confirmed buyer who owns the 2nd mortgage. The ONLY reason they did not buy the house from me was the nephew's intentional damage to the property.

 

[JETX]

I had a confirmed buyer who owns the 2nd mortgage. The ONLY reason they did not buy the house from me was the nephew's intentional damage to the property.

I don't understand this:
How can you claim a CONFIRMED buyer... when he didn't buy??
You had a PROSPECTIVE buyer.... who didn't buy.

You still haven't answered the GOOD question asked by Pgh "Why (and HOW) did the first buyer have access to the home prior to closing?"

 

[ndskies]

Buyer...

Yes, I did. The buyer is my nephew. He wanted to see the inside before making an offer.

 

[JETX]

Yes, I did. The buyer is my nephew.

You're saying the buyer is your nephew does NOT answer as to how he gained entry.... it only says that he is your nephew. So, lets just assume you let him in, okay??

He wanted to see the inside before making an offer.

So, based on you.... he wanted to see the inside and just for some unknown reason, decided to destroy your property??
Something is clearly missing from this.... and since I refuse to play 100 questions with you.... and you are apparently reluctant to tell the FULL facts.... I suggest you get a local attorney to help you. At least they will get paid to 'play your game'.

 

[ndskies]

I'm just being careful - not playing games...

Here is the way the deal went:

1. Before Oct 2004, I told my nephew I would sell him my house for what was owed.

2. He decided late Fall he wanted to see it before he made an offer. I sent the key but did not arrive - lost in mail.

3. Early spring he decided that he REALLY wanted to buy it but wanted to look inside before he made an offer. I sent the key to his PO Box and he received it. Said he went in, looked around and wanted to buy it.

4. He got the financing and we exchanged contracts. He agreed to "as is" & "where is."

5. He called me and said appraiser said worth $52,000 after nephew cleaned carpet.

6. He called middle of May and said that the finance group had changed the closing date. Called and told me closing was June 21st.

7. I received a call from the 2nd mortgage people after the JUne 21st date & said that my nephew decided he did want to purchase and they wanted to purchase the house but wanted to look at the inside. I gave them permission via fax to contact nephew for key.

8. The 2nd mortgage people called me and said they could not buy the house because my nephew had "trashed it." And went into detail on the damage he inflicted.

9. I drove up the next day and actually saw the damage. Foreclosure next day. I called my nephew and could not reach him and I called the police to report the damage. My nephew works for the police in the town. My nephew's trainer saw the damage, talked to nephew, and came back to me with a promise that my nephew "would take care of the damage."

10. I have called and talked to nephew and he told me that "he intended to fix the house up after he got the loan but decided not to purchase. " I asked him if understood that he did not own the house; and did not have permission to gut it and his actions put me in a financial crisis.

11. I've talked to him since and he says that he might owe something but would not give me an amount.

12. I talked to an attorney who gave me information for a letter from me to the nephew "breach of contract / destruction of property." So far the USPS sent it to the wrong state and he has not received it.

What have I left out? I did not give him permission to do any remodeling or repair to the house. The appraiser gave the value before the damages. And the nephew has caused me financial damage by his irresponsible behavior. And told me that after he decided not to purchase the house that "didn't feel that he needed to spend any more time or money on it. That I was going to put the whole thing behind me and move forward." No remorse, apology or attempt to work out problem.

 

[HomeGuru]

oh brother.....

 

[ndskies]

I think that's "oh, nephew."

Messy, isn't it.