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I am currently in default on my payment. The seller summoned me for court stating I am behind on rental payments. Now how did it become a rental? The Contact was never terminated. The seller stated he's evicting me. What is my legal rights to this solution. If I pay my payment how do I protect myself because it's looking like a scam he been doing over and over.
Hello bay:
You call it a scam, but I'll bet he's NOT violating the contract. If he is, you HAVE legal recourse. Have you read you contract? Most of them revert to a rental when there is a breach, and NOT making your payments IS a breach. So you're a tenant subject to eviction...
Look. I'm on YOUR side.. Go read your contract and tell me what it says. If you have a shot, I'm the guy who can help you. I'm also the guy who'll tell you if you don't.
excon
The contract states in event of default. The Seller to declare this contract forfeited in accordance with Mississippi Law. In event of foreclosure or termination by law.
Hello again, b:Quote:
Originally Posted by baybay8684
In my view, the BADLY worded sentence above says, that, upon default, the seller CAN, unilaterally, and unconditionally, DECLARE the contract forfeit, WITHOUT having to notify anybody, including YOU.
Why do you believe Mississippi law requires him to notify you?? When you default on a contract, you don't need to be notified of it. You KNOW you defaulted, and the law doesn't require him to tell you again.
excon
The contract states in event of default. The Seller to declare this contract forfeited in accordance with Mississippi Law. In event of foreclosure or termination by law.I know I am in default I am trying to find out if the Seller accept my payment do I assume the agreement is still a contract agreement. And how is it I can be evicted? Just asking. And thank you I am all confused.
Hello again, bay:
I can't tell you if you make your payment that the contract will AUTOMATICALLY be restored... I seriously DOUBT it will. But, there's NO law on the issue. The landlord/seller CAN restore it, or he doesn't have to. It's all a matter of negotiation between the two of you.
If the contract has been declared in default, AND it has, then I doubt he'll restore it by just receiving your late payment in the mail. And, I doubt this is the first time you've been late. So, he's going to need some encouragement from you in order to restore the agreement... That going to mean MORE money, and an absolute PROMISE that you'll never be late again..
Now, I don't know if that'll do it, but it's the ONLY chance you've got.
You ask how you can be evicted... I'm sure your contract says something about that.. If not, tell me. In any case, you've got to get BACK into the good graces of this guy, because he HOLDS your INVESTMENT in his hands. The agreement you signed gives HIM all the options. You have NONE. That's the tradeoff you made when you were able to GET a home for little, or NO money down.
excon
This is my first time late and I paid a nice down payment. And the Contract does not. State one word about eviction. It states. FORECLOSURE! Ans let's not assume I am the bad guy because I am behind. I paid every month and early. Before. Due I am just starting to think I am being screwed!!
Hello again, b:Quote:
Originally Posted by baybay8684
Now, we're getting somewhere... MOST sellers/lenders give their debtors a chance or two. I DID assume that he did. But, I didn't accuse you of being the BAD GUY. I thought you might have been LATE. I've been LATE before. That doesn't make ANYBODY a bad guy..
Your SELLER, on the other hand, MIGHT be a bad guy. I say MOST sellers give their debtors a chance because they WANT to get paid.. Some sellers of CONTRACTS for deed, DON'T want to get paid, so they can get the property BACK time and time again from hapless buyers... But, they USUALLY protect themselves better than this guy apparently did.
If, as I said earlier, your contract says NOTHING about the agreement reverting to a RENTAL, then you HAVE recourse. Look. I don't know WHY you entered into a land contract with this guy. Most people do it because they have BAD credit and/or NO down payment. If a person HAS a sizable down payment, they usually buy CONVENTIONALLY.. I don't know why you didn't.
Clearly, you didn't use a lawyer when you bought your house... Well, you SHOULD have, because if you did, you would NEVER have entered into the agreement you did.. But, that was then, and this is now.. You NEED a real estate lawyer TODAY.
excon
Ok thank you and I will be contacting a attorney I made a big mistake I rushed into this trying to get out the situation I was in and at the time. My credit wasn't good enough to get a loan from a bank. Thank you!!
Hello again, b:
Before you spend money, I'd give this turkey a CHANCE to restore the contract. Before, I suggested you try to get back into HIS good graces... Now, I think you should THREATEN him with a lawsuit if he doesn't get back into YOUR good graces.
I would do it in a certified letter to him, sent return receipt requested... Include your check and any late charges. Tell him exactly what you said to me in your own words. Tell him that NOTHING is mentioned in the contract about eviction, and if he pursues THAT line, you'll tie him up in court for YEARS.
Give him 7 days from receipt of your letter to RESCIND IN WRITING, his attempt to evict you, and RESTORE the contract to its original terms, or you will SUE. If that doesn't put you back on the right course, then sue the SOB.
excon
Anytime you enter into a contract for deed YOU run the risk of having your hefty downpayment and any monies you paid toward this deed forfeited when you don't hold up your end of the bargain. Sure, it' s a scam, a legal one at that. Most people who enter into this contract for deed stuff have no idea that when they default their contract becomes a month to month rental and the now landlord can evict them for nonpayment. Your only alternative is to immediately bring your payments up to date and keep them up to date. Any attorney will tell you this is the only way to cure this default on your part. Don't bother threatening him with a lawsuit as he will win on the grounds you are not paying.
How far behind are you in the payments? Will you be able to catch them up? If you still want to live there then you need to pay as much as you can. And BTW if you try to sue him for your return of the downpayment and any monies paid so far, guess what? The court will rule against you and let him keep these monies. Yep, perfectly legal for him to keep everything. This is why a contract for deed is very risky to YOU and not to HIM. He will then happily offer this same property to someone else when he gets you out of the property and entice another person into entering into a contract for deed situation.
He is not a bank. A bank gives you a mortgage. This guy gave you a contract. Similar but very different. Same in that if you pay all your mortgage payments you then own the property. If you pay all the payments in the contract for deed you own the property. Different in that there are different time frames and procedures in a foreclosure to get the person out of the property.
I see contract for deeds all the time, I love them. I have sold one property almost 10 times,
And yes, if properly written the contract changes to a rental once the buyer goes into default. And sorry it is no ones fault but the buyer if they fail to make their payments on time.
Not always but contract for deeds are normally done for and with people who can not get normal home loans, can not afford a home normally.
But yes, the buyer ( if the contract was written properly) gets all the down payment, keeps all the payments paid up to that point, gets to use you for any "rental" due for months you did not pay.
If you were already in default and did not bring payments up to date within time given by the contract, there is nothing you can do.
If you can pay all payments including late fees today, you may be allowed to bring contract back to current status.
But he is in the correct place, the law ( assuming contract was written properly) allows for all of this.
You can not sue them, they can sue you
I thank all of u for you'll answers but the contract doesn't say one word about eviction it talks about foreclosure not one word about rent. And when i signed the contract he wanted me to sign a lease. I refused and only signed the contract. Now i know after paying downpayment mortgage payments, insurance and property taxes. Hes acting as a bank he then the same rules should apply for him!!
It would be nice, if you are quoting the contract, if you would put the portion you are quoting in "quote" marks. That way we can tell if you are using the exact words of the contract or if you are paraphrasing.Quote:
Originally Posted by baybay8684
It looks to me that the seller has not yet formally declared the contract forfeited. He can't do this to himself, under his breath. He has to communicate to you that the contract is forfeit, probably by giving you something in writing.
I don't know if, "in accordance with Mississippi Law", it is possible to pay the amount in default, and thus reinstate the contract so as to prevent him from declaring the contract forfeit. That is why you had better counsult a Mississippi attorney now, before you do anything else (Do not send him a letter or talk to him before you see an attorney!).
Your argument that the contract doesn't mention eviction is not going to get you anywhere. If the contract is forfeited, that leaves you in possession of the property as a tenant at will. Exactly the same situation as you would be in had you been renting the property and failed to pay rent. He can evict you from his property because you would be simply a tenant who failed to pay rent.
I quote the Contract states " To declare this contract forfeited in accordance with Mississippi Law. In event of foreclosure or termination by law" that's exactly how it's written.
Uh Chuck I think you meant the "seller" above and not the buyer.Quote:
Originally Posted by Fr_Chuck
You said he summoned you to court. Exactly WHAT was in this summons that he filed with the court? How was this worded?Quote:
Originally Posted by baybay8684
@ Twinkiesdotter he summons me to court for unpaid rent and it was summon to my nickname not my legal name. He's seeking a judgment for rent
Doesn't affect the validity of service. If, later, he gets a default judgment against you, and tries to seize your assets, you would claim that the judgment is not against you? You would be incorrect.Quote:
Originally Posted by baybay8684
Contract states " To declare this contract forfeited in accordance with Mississippi Law. In event of foreclosure or termination by law" that's exactly how it's written.
Well, have you at least filed an Answer to this in court?
I think it will go under the "termination by law" since the law allows it to go into rental once you are in default.
1. did he hand you or mail you any notice prior to this that you were in default and give you a time frame ( 10 to 15 names normally) to get out of default?
2.But eviction although has to be filed differently, would work the same way,
Your fight in court will be how and when you were notified of the default ( OK I know you were aware he was not paid, does not matter, he has to formally tell you that you are in default)
Looks as if he is going on normal practice. If he does this a lot and many of the contract for deed sellers do. I used to have 3 to 6 houses at at time on contract and was almost always had someone in default at least every 3 months.
So he may know what is allowed in the wording to say the least possible and be allowed in court. Or he may be worded wrong and will have to refile eviction in court.
I don't know Mississippi law, but in Alabama for example to foreclose I don't even have to file in court, I merely have to notify you of the date of sale of the property at the court house door. If you wish to fight it, you have to file
The thing you are missing is "in Accordance with Mississippi law" Until you have researched what that means your quoting the contract is meaningless. What if MS law says that a contract for deed reverts to a month to month rental upon default? If this guy is a scammer then he has probably done this before and knows the law. He may have worded the contract that way so he's hiding behind state law. He banks on his buyers not knowing state law. So they will not understand what really happens when they default.
I will agree with Scott except for the term "scammer" he is a business person, and you had a contract with him.
At that point you did not pay them the money that was owed, I guess my question is what do you think would happen ?
Convert to rental or foreclosed, does it really make a difference, unless you have the funds and can pay in full the amount owed, either will do it
Even if this went into a foreclosure situation and you had to vacate, just how long did you think you have living there until you had to leave? Foreclosure means eviction as well.
What difference does this make when you don't pay you don't stay.
You are concentrating on the wrong area here. You have to remember a judge will look at the fact that you are not paying and there is a contract and the seller now is in the right and you are in the wrong.
You never answered just HOW far behind are you in your payments to this guy anyway?
*** note from OP report of the thread and request to change the question.
We really don't change the question, if you had asked it, and there were no answers, but the answers are based on the way the question is posted, if you change the way it is worded, it may make some of the answers seem wrong.
If you think you worded it improperly please feel free to better give details.
You were asked several times to tell us, how you were in defaut, how you were notified and in payments how many months are you behind ?
That will make a difference, and if we are not told, we have to assume, and we normally assume the worst.
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