What is the name of your state? MT
8 years ago, we purchased with a sales & security agreement protected by a trust indenture. The seller died and the Heir took over the estate. The Sales & Security agreement stated that if defaults occured we would have 30 days after written notice of defaults in which to cure. In December 04 we received an "amended notice of trustee's sale". NO 30 day written notice just this one form which did not list any specific default, just not paid as agreed...... What's the point of the Sales and Security Contract except to deceive the borrower into thinking they have some protection? It seems we stupidly made ourselves into plain old fashioned slaves! The heir accelerated her note due, would not talk to us nor would her lawyer. Monday it sold at auction, but it became unsold and the heir with son came to my son's trailer (tenant) still on property, coersed/threatened him, took the key went to the store while giving him a 3 day verbal eviction notice. What happened to our minimum 10 days to surrender the property? Can she evict him in this manner? How long does he have to leave? After 125,000 plus in 8 years, don't we have any rights? Further, if we can ever buy anything again, how can we avoid this?
8 years ago, we purchased with a sales & security agreement protected by a trust indenture. The seller died and the Heir took over the estate. The Sales & Security agreement stated that if defaults occured we would have 30 days after written notice of defaults in which to cure. In December 04 we received an "amended notice of trustee's sale". NO 30 day written notice just this one form which did not list any specific default, just not paid as agreed...... What's the point of the Sales and Security Contract except to deceive the borrower into thinking they have some protection? It seems we stupidly made ourselves into plain old fashioned slaves! The heir accelerated her note due, would not talk to us nor would her lawyer. Monday it sold at auction, but it became unsold and the heir with son came to my son's trailer (tenant) still on property, coersed/threatened him, took the key went to the store while giving him a 3 day verbal eviction notice. What happened to our minimum 10 days to surrender the property? Can she evict him in this manner? How long does he have to leave? After 125,000 plus in 8 years, don't we have any rights? Further, if we can ever buy anything again, how can we avoid this?