pamme4
May 7, 2008, 05:42 PM
We purchased a house for investment using a Contract for Deed in 1995. Due to some business IRS problems, we did not want to take a loan out at that time. The interest rate was great, and the bank held the mortgage. (The prior owners were in foreclosesure).
Everything went along great until 2004 when the old owners went into foreclosesure again, and decided our house would be great to take back (since it was completely redone, etc.). So, they attempted to evict my niece who was living there. They have attempted this four times, tried to remortgage twice, and tried to sell it once. I was successful in stopping them all of the previous times until today!
My niece had to go to court for another eviction (first time it went that far). She had documents up the ying yang, and a full year of documented payments to the bank. We had never been late, there had been no break in the contract on our behalf. The judge was immediately rude to my niece, she did not even look at the contract. She told the people that she could not give them "legal advice", then smiled at them and told them to give her a verbal eviction notice and tell her to be out in 30 days!! How could this happen?? I wasn't allowed in the court because I wasn't listed on the eviction notice. I am going to a very expensive attorney tomorrow, but I am a nervous wreck over this whole thing. I just can't understand this. How could they acturally be able to evict her when she isn't their tenant, and she lives in the house so that it does not remain vacant until I decide to build my business there?? Please, help!!
Everything went along great until 2004 when the old owners went into foreclosesure again, and decided our house would be great to take back (since it was completely redone, etc.). So, they attempted to evict my niece who was living there. They have attempted this four times, tried to remortgage twice, and tried to sell it once. I was successful in stopping them all of the previous times until today!
My niece had to go to court for another eviction (first time it went that far). She had documents up the ying yang, and a full year of documented payments to the bank. We had never been late, there had been no break in the contract on our behalf. The judge was immediately rude to my niece, she did not even look at the contract. She told the people that she could not give them "legal advice", then smiled at them and told them to give her a verbal eviction notice and tell her to be out in 30 days!! How could this happen?? I wasn't allowed in the court because I wasn't listed on the eviction notice. I am going to a very expensive attorney tomorrow, but I am a nervous wreck over this whole thing. I just can't understand this. How could they acturally be able to evict her when she isn't their tenant, and she lives in the house so that it does not remain vacant until I decide to build my business there?? Please, help!!