KY Eviction in Circuit Court

[barry42211]

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

Signed a "Lease to Own" contract to sell my home. The tenants pulled a "bait and switch" claiming that each rent payment subtracts from the selling price. They have missed payments and I sent them notices. I filed a Forcible Detainer with the District Court but it was tossed out because the contract has an option to buy the property. I am the perfect victim for these thieves because I am disabled and have no resources to evict them. District Judge said I needed to file in Circuit Court to evict them.

 

[Just Blue]

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

Signed a "Lease to Own" contract to sell my home. The tenants pulled a "bait and switch" claiming that each rent payment subtracts from the selling price. They have missed payments and I sent them notices. I filed a Forcible Detainer with the District Court but it was tossed out because the contract has an option to buy the property. I am the perfect victim for these thieves because I am disabled and have no resources to evict them. District Judge said I needed to file in Circuit Court to evict them.

You should do what the JUDGE told you to do.

Best of luck


Blue

 

[barry42211]

Do as the Judge says?

If I had any resources to hire an attorney I would not be asking for advice how to proceed in the Circuit Court. I know a Writ of Possession is filed but I do not know if it filed like a Forcible Detainer? I represent myself in Court.

 

[Zigner]

If I had any resources to hire an attorney I would not be asking for advice how to proceed in the Circuit Court. I know a Writ of Possession is filed but I do not know if it filed like a Forcible Detainer? I represent myself in Court.

I would suggest that you do whatever you need to in order to retain an attorney. You cannot handle this yourself.

 

[single317dad]

If I had any resources to hire an attorney I would not be asking for advice how to proceed in the Circuit Court. I know a Writ of Possession is filed but I do not know if it filed like a Forcible Detainer? I represent myself in Court.

Consider how much this debacle is currently costing you. Now compare that to the cost of an attorney. Seems a little cheaper now, doesn't it?

Your problem is not that you need to file "eviction" in circuit court. A forcible detainer is an eviction. What you need to file is a foreclosure, because the tenant used the existence of a land contract as a defense and defeated your forcible detainer motion. Be advised that in the current lending environment, foreclosure can take years to accomplish, and there are certain steps you as a lender must take to assist your borrowers.

It appears you jumped into being a mortgage lender without first doing the proper research. Now you're likely stuck with these tenants for quite some time to come. Either hire a lawyer to assist you, or come to some agreement with the tenants that will get them paying regularly again.

This website may help your understanding of eviction and foreclosure in Kentucky:

http://www.kylandlords.com/how_to_evict_a_tenant_in_kentucky/

 

[LdiJ]

Consider how much this debacle is currently costing you. Now compare that to the cost of an attorney. Seems a little cheaper now, doesn't it?

Your problem is not that you need to file "eviction" in circuit court. A forcible detainer is an eviction. What you need to file is a foreclosure, because the tenant used the existence of a land contract as a defense and defeated your forcible detainer motion. Be advised that in the current lending environment, foreclosure can take years to accomplish, and there are certain steps you as a lender must take to assist your borrowers.

It appears you jumped into being a mortgage lender without first doing the proper research. Now you're likely stuck with these tenants for quite some time to come. Either hire a lawyer to assist you, or come to some agreement with the tenants that will get them paying regularly again.

This website may help your understanding of eviction and foreclosure in Kentucky:

http://www.kylandlords.com/how_to_evict_a_tenant_in_kentucky/

It might not be that dire. Its not a land contract its a lease to own. At minimum the OP should have the lease to own contract reviewed by a real estate attorney to get an opinion of the situation. An "option to buy" is not the same as a contract sale.

 

[single317dad]

It might not be that dire. Its not a land contract its a lease to own. At minimum the OP should have the lease to own contract reviewed by a real estate attorney to get an opinion of the situation. An "option to buy" is not the same as a contract sale.

I filed a Forcible Detainer with the District Court but it was tossed out because the contract has an option to buy the property... District Judge said I needed to file [foreclosure] in Circuit Court to evict them.

What OP said in the initial post is exactly how the ruling would have come down when the judge determined that an eviction was not proper because the property was sold under contract, not leased. The link I provided explains Kentucky's laws on the matter.

 

[LdiJ]

What OP said in the initial post is exactly how the ruling would have come down when the judge determined that an eviction was not proper because the property was sold under contract, not leased. The link I provided explains Kentucky's laws on the matter.

OP represented themselves in court and may have done it badly. It at least needs to be reviewed by a attorney.

 

[barry42211]

No Help

I represent myself in Court. I have done it before and will do it again. I do not need anyone to recommend I hire a lawyer! I am capable of filing my own motions with a little research...all I am asking for is help with a little research.

 

[FamilyGirl]

You don't necessarily need to retain an attorney. Go consult with one for an hour or two so they can advise you on how to proceed. You could potentially spend a lot more money filing in the wrong Court, having your cases tossed out and the tenants still not paying in the meantime.