[pacific nw]

In March of 2002 I was contacted by a guy who was going through his (5th) fifth foreclosure in (7) seven years. He was days away from the foreclosure sale. He asked if I wanted to buy his house; a “fixer”. (I had made an offer the previous year but was unable to come up with financing.)

I paid appraised price. I wrote up a Purchase and Sale Agreement, Promissory Note, and Warranty Deed. We signed in front of a notary in a Nationally known bank.

He told me he was going through chemotherapy for cancer and wanted to stay in the area because the treatment was superior to his country “south of the border”. He asked to stay in the house until his therapy was completed some 12 months later. I agreed, gave him $5,000 cash (he didn’t have a bank account to cash a check in) and stipulated that the monthly rent of $1,000 would be deducted from the Promissory Note which would be paid in full at the time he vacated the house in 12 months. This was all written into the Purchase and Sale Agreement. Signed by him, in front of a notary, who asked him if he knew that he was selling his house (he answered “yes” and the notary then asked if he wanted to see an attorney and he said “no”. Written into the agreement was also included that he should contact an attorney and after 5 days the agreement would be binding unless notified in writing otherwise. I had never met the notary before. He signed her Notary Book after showing proper ID. (Even so, I’m sure you can see where this is headed.)

After 12 months, he said he wasn’t doing too well and that the therapy needed more time. I said “ok”. The following months and years I had a new roof put on, sent emails, certified letters, dropped by and such. Each increasingly indicating “how are you progressing”, rent is going up, “pay or quit” and then finally eviction.

I started eviction in July 2006. (There was enough owing on the Promissory Note to cover the previous months.)

He found a sympathetic lawyer in a Law Clinic who filed a Quiet Title Dec 2006. (He has no money.) In the Complaint, he states that he never sold the house, has never tried to sell the house, first time he met me was when he signed/didn’t sign the Warranty Deed, he never signed a Warrant Deed, etc` and was never in front of a notary. He says he had “heart disease” (nothing about cancer) and that I had offered to refinance him out of foreclosure as a mortgage broker. (I am not and was not a mortgage broker. I did not offer to refinance or lend him money.) He has made no payments to anyone in years.

1) He was born in Panama in 1953 and came to the US with his mother in 1970 at age 17. It is highly unlikely his mother filed the necessary forms to certify his citizenship, (IF indeed, SHE was legal.)
2) His American wife passed away in 1990. (They were separated at the time.)
3) In 2000 he signed, notarized and Recorded a Power of Attorney for friend?/acquaintance? To sell his house.
4) He was felony convicted of Domestic Violence in 2003. (girl friend)
5) He has another (undisclosed) felony conviction (criminal – non-traffic)
6) He threatened me and told me he had a gun and knew how to use it. July 2006. (Illegal for felon to own a gun)
7) He said he would “burn the place down” before he would leave July 2006
8) I have phone records showing our conversations for the whole year previous to what he claims is when we first met.

He obviously hasn’t revealed any of this to the pro bono lawyer who is working with him. Meanwhile, my legal fees are racking up.

I have stopped making the mortgage payments on the property in order to pay the legal bills. (The lender is also named in the suit.)
The foreclosure is scheduled for next month.


A.) My attorney seems to have only done “Commercial (collections, evictions, traffic, etc) litigation. Is this enough experience for this type of suit?
B.) Will the Quiet Title stop the foreclosure sale?
C.) Does his possible illegal alien status play a role?
D.) Do I have enough “proof” for Summary Judgment? (He has no documentation of any of his claims.) I have Purchase and Sale Agreement, Promissory Note, Warranty Deed, Phone Records, emails, Certified Letters, etc.
E.) Might the Court “shorten time to trial” so I can get this thing over with?
F.) Any ideas on something I might have overlooked?

[ScottGem]

There are a few things that aren't clear here. You signed a promissory note to may him for the property over time. You gave him a $5K down payment. You then agreed to let him stay in the house with each month's occupancy reducing the balanced owed under the note. Where does the mortgage come into play? Did you take out a mortgage to pay the note? Did you purchase Title Insurance when you bought the property?

To deal with your specific questions:
A) Can you contact the Notary as a witness? Given that you have fairly ironclad documentation, especially if backed up by the Notary, your attorney should be sufficient.

B) The only thing that wouls stop the foreclosure is bring the mortgage arrears up to date.

C) No

D) See answer to A

E) Maybe, depends on the docket