I owner financed (Vendors Lien) a house about a year ago to a couple who is now filing Chapter 13 after 3 months of non-payment after I filed an eviction notice with the local marshall’s office. Their attorney (a court appointed one because they can’t afford one) states that I cannot kick them out. They have already postponed their Chapter 13 court date 3 months back. I want/need to kick their asses out. These are some of those low-life people who are too lazy to work more and just spend most of their time looking for ways to work the system. By filing Chapter 13 they don’t have to pay me for 6 months and I can’t kick them out and then their “Plan” says that they have up to 3 years to pay me back almost over 4k. Has anyone had any dealings like this? Please give me your story or input.
Give them $500 to move out and forgive the back payments.
That’s not gonna happen.
This jerk knows that I can’t sue a man for something when he has nothing to take and he can give a sad story to the attorney that will allow him more time to stay for free. Then on top of that I would spend more money and time trying to sue him.
I think I’m going to get a couple of buddies of mine together and we’ll just throw him in the bayou with a 5 gallon bucket of concrete tied to his ankle. Oops…did i say that?
Where is this taking place (I have a guess in mind – I’m thinking “blue” here…)?
He said bayou in his thread, you had to know that was a red state. There is no such word up here in blue country. Their attorney says you can’t kick them out but what about the judge, why is their attorney dictacting things when it should be a judge making decisions. Of course their attorney is going to take their side.
Their wonderful attorney set or helped set their court date 4 months from the date they filed chapter 13 and said that was the earliest date they could get. What a bunch of crap.
FYI…we are more of a brown state because of the muddy water.
This might be a bone head question but I assume your credit is being used for this transaction…Has your score decreased because of their non paymen?t…gotta love those bottom feeders…good luck with your situation
You must be confused. This has nothing to do with my credit at all.
I am simply their mortgage company.
I had a similiar situation where the mortgage company (you) petitioned the judge to go ahead with your right to foreclose. The judged allowed it, the mort co foreclosed during the bankruptcy ! Next time you sell on contract, have the buyers presign a deed back to you and have it held in escrow. So when and if they default the foreclosure is now the cost of a few certified letters and a county filing fee for you to reposes. Then you can 72 hr evict, and yes you don’t get your payments back unless you sue. Hope this helps. :smile
Thanks GOD WNZ,
Did you just mail a letter to the judge that was on file for the bankruptcy or did you just find him by phone or in person?
Even though they owe me (or will owe) almost $5k by next month and their Chapter13 “Plan” says that there is a Guarantor that I will get my money in time, I don’t want to take anymore chances. I already had to pick up another insurance policy to cover the house costing me another $800. I’m fed up and they need to go.
Thanks for all the input and help,
Had a similar sit a few years back. It sucked. I could not takr any action against the accupants because of the chapter 13 protection. I had to hire an attorney and petition the court to have the bankruptcy dismissed, which they did after about 13 months. I then prompyly kicked the a**hole out on the street.
I like the idea of having a deed presgned back to you at close BUT what if you don’t hold the deed?
I like that idea too and I’m glad to know this now because here in Louisiana we can sell property on a “Bond for Deed” (which is what i did in the current situation) which means the property is still in my name. Deed never transfers until property is paid in full. It also states that if payment is not made in accordance with its terms and conditions as stated in the bond for deed that a cancelation can be made and eviction to follow on 45days after a certified letter mailed with return receipt has been made. Which is supposed to make eviction a lot simpler. Except when they file chapter 13.
Sounds like you are a lot closer to solving the situation with the Bond for Deed, Maybe searching out Local or state landlord laws for quick evict in this sitch. The bankruptcy will not eliminate the obligation of the mortgage. We petitioned the judge assigned to the case. A few phone calls should solve locating him/her. Darin
Great. I’ve called the Judge and spoke with his legal assistant and no matter what I asked, all she could say was contact an attorney and have them mail us a letter and we will review it. As of next month they will owe me $5,561. And at $20 a day late fee, it will just keep going up…but what does that matter if I never get it, right?
Guess, I’ll go look for an attorney.
You mentioned it “wouldn’t happen” when suggested the $500 and move out idea.
Why not? You don’t think that they’ll move if offered, or you aren’t willing to do it?
You’ll lose alot more than $500 (or even $1K) before this is all over with, I can assure you.
The offer is simple. Here’s the deal. We can do this the hard way, or easy way. Hard way, what’s happening now, which can go on for months, leave us both upset and ultimately, nobodys wins. The easy way, you agree to move out by X date. Have all of your stuff out, house cleaned, sign a “I’ve agreed to move out” form, give me the keys and I’ll hand you $X dollars. I get my property back and you get money to move on to something else that fits you better.
Even if you think that he’s going to be a jerk about it, I’d still make the offer. Have them sign a “I don’t agree to this” form. It works wonders even with a tenant friendly judge when they find out that you offered the tenants an easy out but they decided to be buttheads about it.
Their attorney called me to say, “They really want to stay in the house and are willing to do whatever it takes to make it right.” That is why they have me listed in their Chapter 13 plan to pay me back…and of course it’s not their fault that they have to take 3-4yrs to pay it back…of coure not! Besides, their note is $675 and they won’t find shit in the area to rent for 500bucks. They would much rather stay in the nice house and get away with not having to pay for things.
I’ve scheduled an appointment with an attorney for tomorrow morning. We shall see what he has to say.
Update. I met with an attorney yesterday morning and here is what we are going to do.
He (Real Estate Attorney) is going to hire a Bankruptcy attorney that will get the house out of the bankruptcy and then the Real Estate Attorney will take care of the rest with canceling the Bond for Deed and Eviction. The sad part is the fact that between the 2, ball park pricing is around $5k. The good part is that I have no mortgage on the house and IF I get it back in good condition, it is worth 80-90k. The RE attorney highly recommends against doing Bond for Deeds in Louisiana and recommends Vendors Liens in LA because he said he could have buyers out of the house for just missing one payment but since judges know that sellers have been using bond for deeds to make a nice profit, the judges are now siding with the buyers and allowing them to have extra “Chances” to make things right and stay longer.
I will meet with the bankruptcy attorney Monday morning and he will go to the creditors meeting for me.
Well i have a question about buying a duplex under a land contract. i want to know if i’m able to have the seller convey the property into a trust so that if they acquire any debts, his creditors will not be able to apply any liens to the property. does anybody know if this works?
I would recommend some gas and a match… You have insurance right???