I NEED HELP WITH A CONTRACT FOR DEED FORECLOSURE!!!! PLEASE!!!!!!!DESPERATE!!!!

General Real Estate Investing
1

i SOLD A MOBILE HOME ALMOST 4 YEARS AGO ON BASICALLY, IVE BEEN TOLD IS A CONTRACT FOR DEED. IT IS A VERY BAD ONE PAGE DOCUMENT. (IT WAS MY FIRST EVER TRANSACTION). ANYWAY, THE TERMS WERE MONEY DOWN, MONTHLY PAYMENTS WITH INTEREST. THE PEOPLE HAVE 6 MONTHS LEFT ON THE CONTRACT. IT ALSO STATES THEY MUST PAY ALL ASSOCIATED COSTS LIKE INSURANCE, ETC.

HERE IS WHAT HAS HAPPENED.
THEY HAVE PAID PROBABLY A DOZEN OR SO TIMES OVER THE COURSE OF THE LOAN, BUT YEAH I ACCEPTED THEM. USUALLY I SENT A NASTY LETTER TO THEM THREATENING FORECLOSURE. IT EVEN GOT SO BAD THAT I REFUSED TO ACCEPT PERSONAL CHECKS FROM THEM B/C THEY WOULD KEEP BOUNCING. THEY PAID LATE LAST MONTH (NOVEMBER), I SENT THEM A LETTER ABOUT IT. I SPOKE TO THE OWNER AND TOLD HIM IF HE PAYS LATE IN DECEMBER , I WILL CALL THE NOTE DUE AND PAYABLE B/C I AM REALLY SICK OF DEALING WITH THEM. DECMEMBER- HE PAYS LATE ONCE AGAIN. THIS TIME I SENT A LATE LETTER AND I CALLED THE NOTE WITHIN 10 BUSINESS DAYS ( DONT KNOW IF I CAN DO THAT). ANYWAY, I HAD SEVERAL CONVOS WITH HIM; HE STATED THEY COULD PAY IT OFF AND WE ARRANGED A DATE TO MEET. ( I LIVE ALMOST 300 MILES AWAY). IT WAS AGRED TO VERBALLY, BLAH BLAH BLAH.

I CALLED HIM AT LEAST 15 TIMES IN THE DAY PRIOR AND CURRENT TO TRY AND GET A HOLD OF HIM. I DECIDED TO GO VER THERE. I GET THERE AND THE PLACE IS DESTROYED. THE FRONT DOOR WINDOW IS BROKEN, YARD/LOT IS A MESS. UPON FURTHER INVESTIGATION, A TERRIBLE SMELL WAS EAKING OUT AND I LOOKED INSIDE TO SEE A TOTAL MESS. I CALLED THE POLICE FOR AN ESCORT INSIDE- I DIDNT KNOW IF SOMEONE WAS LIVING THERE OR WHAT. WE WALKED IN TO SHIT EVERYWHERE. THE ELECTRICITY WAS TURNED OFF, FOOD LEFT IN THE REFRIG, SOME SMALL FURNITURE, AND IT STUNK TO HIGH HEAVEN. TRASH, PAPERS, CLOTHES, MISC. GARBAGE EVERYWHERE. THE COP EVEN SAID “IT LOOKS LIKE THEY ABANDONED IT”.

I INVESTIGATED FURTHER. NEIGHBORS VERIFIED THEY MOVED OUT ABOUT 3 WEKS AGO WITH A UHAUL, THERE WERE TRANSIENTS GOING INSIDE, NEIGHBORHOOD GANG MEMBERS GOING INSIDE ALL THE TIME, ETC.
I WAS CONCERNED ABPOUT THE SAFETY OF THE PROPERTY. I SECURED THE BROKEN WINDOW SO NOONE COULD GET IN AND CHANGED THE DOOR LOCKS. I TRULY BELIEVED THEY MOVED OUT.

I GET A CALL FROM LAWYER THEY “SUPPOSEDLY” HIRED YESTERDAY THREATENING TO SUE ME.

I HAVE TRIED TALKING TO LAWYERS, EITHER THEY KNOW THE OTHER ATTORNEY OR SDONT HAVE TIME OT DEAL WITH IT. THE LAWYER WANTS ME TO HAND OVER TITLEW TO THEMN AND EAT THE $1300 THEY OWE ME. THE OTHER THING I FOUND WAS THAT THEY POSSIBLY PROVIDED ME WITH A FALSE PROOF OF AN INSURANCE BINDER FOR THE TRAILER. I FOUND THAT OUT TODAY.

I DONT WANT TO LET THEM WIN AND GET THE TITLE FOR BEING SCUMBAG- PIECES OF SHI*.

MY THOUGHTS ARE TO WRITE THEM A CERTIFIED LETTER CALLING THE NOTE DUE AND GIVING THEM THE NEW KEYS TO THE PROPERTY.

BY THE WAY, THE ATTY THREATENED TO TAKE ME FOR $100K… FOR THIS WHOLE SCENARIO.

DOES ANYONE SEE ME GETTING SUED OVER A $1100 OR SO REMAINING BALANCE ON A CONTRACT FOR PROPERTY?
THE FEW ATTORNEYS I SPOKE TO THINK ITS A BLUFF. MY BACK UP OFFER IS TO ACCEPT THE REMIANING PAYMENTS FOR 6 MONTHS AND HAND OVER TITLE. THEY WANT THE TITLE NOW, FREE AND CLEAR, IM NOT WILLING TO DO THAT. IS THIS COUNTY COURT MATERIAL? SHOULD I BE WORRIED?

THE BUYER SUPPOSEDLY PAID THE ATTY A $1500 RETAINER. THAT IS THE RESAONING BEHIND ME JUST GIVING THEM THE TITLE FOR FREE. I FIND IT HARD TO BELIEVE THAT A LAWYER WOULD SUE OVER SUCH LITTLE AMOUNT OF MONEY.

PLEASE, ANY THOUGHTS. IM IN TEXAS. THE PROPERTY IN NEAR HOUSTON.

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fountaininvestment,

Hire a real estate attorney to deal with all this. You are out of your depth and can’t do this alone.

It is very hard even to think clearly when someone is threatening you. You need that neutral clear-headed person (the attorney) to help you through this muck.

The initial consultation is usually free. Interview a couple of lawyers ASAP and formulate a plan.

Good luck! Please let us know how it goes.

Furnishedowner

3

Hire a good attorney to review your case and next time have a professional draw up the documents. Get a copy of the police report to prove the condition.

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I’m having real difficulty finding an attorney. I called my real estate attorney in Dallas that (now) draws up my contracts, but she is in Dallas, not near the trailer.

I had a police officer walk through the home that day. I also took about 27 pictures of the property. I had a neighbor or 2 walk through it with me as well. I have the proper witnesses and proof. The question is whether what I did was illegal.

I guess I will find out this coming week. That is when their attorney is supposed to file a lawsuit on me for $100,000. I will keep calling attorneys in the meantime.

I just dont see the point to fighting me. They owe, literally around $1200. Then the trailer belongs to them , free and clear. I will hand them the title once I have the $1200. And I have called this due and payable in full. Maybe they have the $1500 retainer to hire the attorney, but can’t come up with the $1200 to make this go away the legitimate way.

I don’t know. Several reasons have been running through my mind as to why. 1.) The trailer was unattended for almost 3 weeks. I am positive things got stolen out of it. They could try and come after me and say I did it. 2.) This attorney promised them the moon. They think they can get something out of me besides the mobile home. The buyers know I own more investment property. or 3.) the buyers found out what i paid for the trailer 4 years ago, about $6k. and I sold it to them for a total of almost $18000.00 over 4 years. They could be bitter and want some sort of revenge.

I’m not going to worry abnout it anymore until I get served.

Does anybody know if they can collect a judgement on me in Texas. Or rather how they can collect.

Thanks for all of your responses.

5

fountaininvestment,
Something similar happened to me a few years ago. I bought a fixer 4-unit property. The week after closing, a tenant in Unit B suddenly moved out, taking some of their horrible junk. The rest they left in the unit, on the lawn, etc. I took the lock off the beat-up storage shed next to the unit and saw more trashed junk. We hauled it all to the dump.

The next day, Unit D tenant comes over and says, “Where’s my stuff?” No one (seller, Realtor) had disclosed the storage unit usage. So I had presumed it was just B’s junk.

Tenant D filed a police report and went to court. I tried to talk to him, but he wanted his day before the judge. “Yes, I did it, Your Honor, it was an honest mistake,” I testified.

The tenant was awarded a $500 judgment. I paid the judgment. My banker called immediately about the recorded judgment. My credit rating took a big hit.

Can you contact these people and negotiate a solution? If not, then get an appointment with an attorney, I don’t think you can do anything on the phone.

Let us know how it goes, and good luck.
Furnishedowner

6

Just a question???

did you file a “notice of default” ever during this process???