 right of entry (by Kathy [FL]) Jun 23, 2014 12:30 PM
 right of entry (by John... [MI]) Jun 23, 2014 1:10 PM
right of entry (by John... [MI]) Jun 23, 2014 3:51 PM
right of entry (by kathy [FL]) Jun 23, 2014 4:15 PM
right of entry (by Nicole [PA]) Jun 23, 2014 5:39 PM
right of entry (by Mike45 [NV]) Jun 23, 2014 6:56 PM
right of entry (by Shark [MI]) Jun 23, 2014 7:25 PM
right of entry (by Pattyk [MO]) Jun 24, 2014 4:24 AM
right of entry (by Vee [OH]) Jun 24, 2014 5:06 AM
right of entry (by Kathy [FL]) Posted on: Jun 23, 2014 12:30 PM
Message:
State Specific Question About: FLORIDA (FL)
I entered into an agreement with someone to purchase my home with owner finance. The buyer is supposed to refinance and remove myself as mortgage holder after 5 years, it has been 3 to date. The buyer lives in a different state and didn't occupy the home but only a couple weeks here and there. The upkeep and repair of everything in the house is his responsibility. The yard and the outside are looking kind of ragged so I walked around the outside of the place and found the central A/C unit is tore apart. I looked in the windows as much as possible to find that all the furnishings are gone. I called the electric company and the power has been off for non-payment since March 11th but the water is still on and the payment is up to date. Last I spoke with him he was living in Puerto Rico due to health issues and health ins. The contract that we drew up was supposed to be notorized but he always had an excuse to not be able to get this done. Does that mean it's not legal and binding, and do I have the right to enter and inspect? The locks have been changed. --72.186.xxx.xxx |
right of entry (by John... [MI]) Posted on: Jun 23, 2014 1:10 PM
Message:
Sorry, but you need more than just friendly advice on this one -- you need a lawyer. This will get complex fast and you need to do what you can to save your equity.
Have they still been making the monthly payments to you? If so, then you may have little you can do unless your agreement very specifically covers some condition issue that would allow you to take any action.
If they have NOT been making the agreed-upon payments, then you likely need to foreclose immediately.
Also, to be clear, are you saying that you have a SIGN contract that both parties signed -- but they just never got notarized? Or something else?
- John...
--216.111.xxx.xx |
right of entry (by John... [MI]) Posted on: Jun 23, 2014 3:51 PM
Message:
Typo: "SIGN contract" should be "SIGNED contract", of course. :)
- John...
--216.111.xxx.xx |
right of entry (by kathy [FL]) Posted on: Jun 23, 2014 4:15 PM
Message:
I have a signed contract that I downloaded and we both signed but it was never notorized. It has a section stating that it is his responsible for maintaining all appliances in good working condition. --72.186.xxx.xxx |
right of entry (by Nicole [PA]) Posted on: Jun 23, 2014 5:39 PM
Message:
I am a notary. Notarization doesn't make anything "legal" ... the 2 most common reasons for notarization are to indicate who appeared before the notary and signed (most documents to be recorded) or the signer is swearing to the truth of the statements in the document. --174.55.xxx.xxx |
right of entry (by Mike45 [NV]) Posted on: Jun 23, 2014 6:56 PM
Message:
One could write a contract in which the act of notarization is a condition precedent to the contract being effective, but I sort of doubt that there was such a clause in the form you downloaded.
Let me ask a question: If you bought a house with a traditional bank mortgage, and someone from the bank saw that the yard was a little ragged and that the AC unit had been ripped apart, would the bank be able to go inside the house to inspect?
I doubt it. Why would you have any more right to enter than a bank-lender would?
Go talk to an atty in your state.
--184.6.xxx.xxx |
right of entry (by Shark [MI]) Posted on: Jun 23, 2014 7:25 PM
Message:
This sounds like a simple issue to me. Are they up to date on their contract (mortgage) payments to you? Are the property taxes and insurance paid? Hopefully your contract stated that they must pay and provide you with receipts. If all these are yes then I would not worry too much about things.
If no you need to file for foreclosure.
You provided seller financing and they purchased the property.
Technically it's no longer your house, although you do hold an interest in the property up to the amount that they owe you.
It's no longer your job to knit pick on things like landscaping condition.
--98.224.xxx.xx |
right of entry (by Pattyk [MO]) Posted on: Jun 24, 2014 4:24 AM
Message:
i think i would cut the grass and start paying attention, first opportunity to foreclosure on i would jump on it. --184.215.xxx.xxx |
right of entry (by Vee [OH]) Posted on: Jun 24, 2014 5:06 AM
Message:
A lot depends on how costly to foreclose, one problem with rent-2-own type agreements is you need a exit strategy meaning a quit claim or you will have to foreclose to recover, is there equity there to do this? A foreclosure takes about 16-30 months and the inside may already be stripped but you have no enforce any of this as a seller - this is why private mortgage is risky. --75.94.xxx.xxx |
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