ok, thing went real well today…she claims she has a buyer ( her friend that is going to let her stay in the property ) we negocitaed a selling price of $375,000…she must have the p&s in 3 day’s…she must put $4000.00 into escrow held by my atty…she must let the courts grant us execution ( today ) with no right of appeal, she must close by feb 6th, and she must drop the Civil case against us…if she fails to do any of the above, we can get immediate execution from the courts, and she cannot appeal…and then we can take the $4000 and use that for the eviction cost if a truck is needed… i don’t think we could get much more …but me an the wife are extremely happy with today’s proceedings, especially if the sale goes thru…WHOO HOO
The end is in sight. Yippee, good job sybadon. Let this be a lesson to everybody that is interested in foreclosures, make sure the homeowner is agreeable to moving out of the house, or it could turn into a long drawn out saga like this one is. take care
steve
yeah…thanks steve…im not banking on the sale…but i did get what i want … possession…and no writ of appeal…so worse case scenerio…i have to wait 3 day’s…and i can have the execution immediately after
So you have just about finished the screen play.
It looks like it will have a happy ending.
When do you think the movie will come out?
Who are you going to get to play you and your wife?
Who is going to play the dishonest woman, Martha, Amorosa?
Can’t wait to find out.
:fingersx:
got the p @ S …remember…this lady is a R.E. Agent…my atty called me and told me that it said
all closing cost to be paid by seller…what a hoot…he sent it right back with a note saying you’ve got to be kidding me…they got us a new one on our terms…lol…
well, next step is the housing court seeking eviction, they will try to say, you can’t evict her…there is pending civil action in superior court for an illegal foreclosure…i did pull up a similar case where the judge granted eviction, and said " take it up with the bank that foreclosed" hopefully it’ll be a similar result…2nd case scenerio would be the judge saying…she can stay until the civil action is cleared up …BUT …you must pay for occupancy (which im seeking $2900.00 per month ( from dec 1 ) …3rd scenerio would be the judge saying she can stay there for nothing, and we have to pay the bills and the mortgage… i don’t see that happening… got my fingers’ crossed for eviction , im sure she’ll appeal…i just want to get in, paint , maybe carpets, and be done with it, i’ll keep ya’s posted…
If you do get awarded monetary damages be sure to request a judgement be issued by the judge. Then take that judgement and record it against any of her other property, AT THE RECORDER’S OFFICE, don’t leave the judgement sitting in the case file. Sometimes they get missed by the title researchers. So now, whenever she wants to refinance or sell you automaticaaly get paid along with something like 9% interest.
By the way, if it’s to much of a hassle, I’ll take it off your hands I’m in Illinois.
“got the p @ S …remember…this lady is a R.E. Agent…”
I would ask the state RE board and her broker to look into her conduct. She has lied, possible perjury, made false statements to police, false implications in court by dragging someone else’s kids into court, etc, etc, etc. At the very least, the RE Board is going to be concerned about her questionable/unethical conduct and should be notified.
Also, judges normally hold professionals to a higher standard. I would make sure her RE Agent status is brought up in court as it is pertinent to the proceedings. She has a higher understanding of foreclosure rights, law, and procedures than your average person due to her training and licensing requirements.
As a RE Agent she fully understands what she is causing you financially, never mind the legal headaches and lost work time she has purposefully caused you.
Finally, how much mail do folks in foreclosure get in your area? I suspect it is a lot. This is another thing to research and bring up in the proceedings.
good point… I dont think I knew she was in real estate… or I would have said soemthing… can you imagine what she would do to her clients… we do not need people like that as agents. Brings down the whole of our Realtor brand.
for starters I am still LOL over the realtors are a step above strippers comment. In this case it seems true…they are mostly a very reputable group but this woman takes the cake.
Maybe she has never heard “what goes around comes around”.
SYBADON… thanks much to you for keeping us all informed of the real world of foreclosures. This will help so many of us keep our heads in the right place when getting into a foreclosure opportunity.
Good job