 Contract for Deed Evictio (by Challenged [IL]) Jul 16, 2013 12:23 PM
 Contract for Deed Evictio (by Nicole [PA]) Jul 16, 2013 12:49 PM
Contract for Deed Evictio (by 574-Brad [IN]) Jul 16, 2013 1:00 PM
Contract for Deed Evictio (by Mike45 [NV]) Jul 16, 2013 2:00 PM
Contract for Deed Evictio (by Challenged [IL]) Jul 16, 2013 2:22 PM
Contract for Deed Evictio (by Dave [MO]) Jul 16, 2013 2:41 PM
Contract for Deed Evictio (by V [OH]) Jul 16, 2013 4:14 PM
Contract for Deed Evictio (by Challenged [IL]) Jul 16, 2013 5:35 PM
Contract for Deed Evictio (by Gruvin [TX]) Jul 16, 2013 9:44 PM
Contract for Deed Evictio (by V [OH]) Jul 20, 2013 12:27 PM
Contract for Deed Evictio (by Challenged [IL]) Posted on: Jul 16, 2013 12:23 PM
Message:
I sold a house Contract for Deed. The guy quit paying in February. Went to court. The guy showed up 45 min late with no proof of anything, hand in his pockets. Told judge I changed Contract, judge was completely on the heroine addict side. The guy has been fired twice this year due to drug use. The judge dismissed the case due to the fact that the guy said he had never received the amortization schedule nor did he sign it. Now I have to do foreclosure which could take 1 to 2 years. This guy can literally sit in my house without paying me for the next couple of years. I have offered to buy him out and he won't budge. His insurance also comes out of checking because he was not able to keep it going. I know I know...I've probably done a thousand things wrong, but now I will be in bankruptcy court due to this loser. Someone said to file chapter 7. When I looked it up it didn't sound like an option. Any advice or has anyone had this experience.
State Specific Question About: ILLINOIS (IL)
dn --68.187.xxx.xx |
Contract for Deed Evictio (by Nicole [PA]) Posted on: Jul 16, 2013 12:49 PM
Message:
not sure what you're asking.
getting rid of someone and your own bankruptcy are different issues ... perhaps both come from the same root but entirely separate.
I'd seek legal counsel ... sounds like you didn't have counsel when you sold the place ... and you should have.
I've got NO idea how this works and as someone posted the other day ... a little bit of knowledge can be dangerous ... there is a way for a creditor (you) to force a debtor (him) into involuntary bankruptcy but I don't know how or if it's even possible for real estate. That MAY ... or may not ... be faster than foreclosure.
Curious - what type of "court" did you appear in front of? --72.70.xxx.xxx |
Contract for Deed Evictio (by 574-Brad [IN]) Posted on: Jul 16, 2013 1:00 PM
Message:
I'm no attorney, but here is my thoughts. Based on your tone, you feel that the judge blew you off when the defendant had no merit. If you really think the judge blew you off, refile, request a different judge. Stick to the facts. Him showing up late for court, drug use, fired have nothing to do with the issue. --67.236.xxx.xxx |
Contract for Deed Evictio (by Mike45 [NV]) Posted on: Jul 16, 2013 2:00 PM
Message:
You need to consult with an atty on this. I do not know the procedures in IL for evicting a non-paying tenant under a contract for deed, but I am sure there are procedures.
--67.235.xx.xxx |
Contract for Deed Evictio (by Challenged [IL]) Posted on: Jul 16, 2013 2:22 PM
Message:
I had an attorney. She said it was going to be an easy eviction. We filed in Madison county courts. The judge was very rude. I guess I'm just venting. I don't know how this guy can sleep at night knowing I have to pay his mortgage, insurance and property taxes. Since thinks have changed financially for me due to personal issues, I guess I'll have to quit paying the mortgage myself and ruin my credit. It just seems unfair that your credit can lie in the hands of someone else. --68.187.xxx.xx |
Contract for Deed Evictio (by Dave [MO]) Posted on: Jul 16, 2013 2:41 PM
Message:
Hire an attorney. --70.134.xx.xx |
Contract for Deed Evictio (by V [OH]) Posted on: Jul 16, 2013 4:14 PM
Message:
I have said it repeatedly here, -this is not an eviction case- but a contract and yes foreclosure takes 16-24 months, for this reason you need to obtain an option fee to draw payments from during this duration in the event the occupant fails to perform, the condition of the property could be entering the useless level as this person alters and modifies the place where he holds ownership rights until proven otherwise. --75.94.xxx.xxx |
Contract for Deed Evictio (by Challenged [IL]) Posted on: Jul 16, 2013 5:35 PM
Message:
V - In Illinois the law on a contract for deed is if the buyer has not paid 20% of the contract and stops paying it then it is an eviction. Not a foreclosure. Which was my case. What do you mean when you are talking about "Option Fee"? --68.187.xxx.xx |
Contract for Deed Evictio (by Gruvin [TX]) Posted on: Jul 16, 2013 9:44 PM
Message:
Challenged is correct, if payments are less than 20% of the original purchase price - you can file for a regular eviction and skip forclosure --99.126.xx.xx |
Contract for Deed Evictio (by V [OH]) Posted on: Jul 20, 2013 12:27 PM
Message:
Now you have to convince the court you did everything correct, having an option fee to draw these payments from would make this a painless waiting game. You might even be able to use those funds for legal fees legally. --75.94.xxx.xxx |
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