Kentucky eviction law motion for eviction
Hi I really need help I bought a house for 30,000 from a lady we have just a one simple page contract basically states I paid 15000.00 dollars down
In April 05' and then make payments of 400.00 a month for 36 months
Contract has no sell as is in it because at time of sale we the lady homeowner
And me and my wife had a verbal agreement that a new contract would be
Written with those words in it after 6 months time where she the lady would
Do some needed and agreed upon repairs in relation to roof leaking and plumbing working properply and some structure work where house
Was not leval we only had those terms agreed upon verbally and a hand shake
Between us on easter Sunday 05' then following Monday she came by with
This 1 page contract and we all 3 signed it with the verbal agreement being
It would be re written in 6 months to include the words as is But what has
Happened is this we had our new born baby son in June 05' and then my wife
Had some post pardom and mental problems soon after giving birth and what
Basically happened is she ran out of house one late night in end of June with
Our son and was just being crazy then cops show up arrest me for a false
Claim she made against me later was dropped no charges ever filed from that but I did violate an order at time and did return home to drop off some diapers and cops and I had a situation so anyway I end up in jail for 30 days the whole
Month of July while she my wife sold or gave away everything I owned or we
Owned and she and our son moved back by her family up north by chicago
NOW fast forward a year later I now have a 3 year domestic order of protection against my wife she cannot come within 1000 feet of me and I have full custody of our son as well and my wife and her boyfriend both have assault charges they are faceing yet from a June 7 06' assault on me in our home on our sons b-day while I was holding him anyway she my wife finally
Admitted in court when I filed for order of protection that she in fact has been hitting me and hurting me the whole 2 and a half years we been together she was orderd a court order mental exam and after 3 months
Because she did abandon us on June 2nd 06' so just recently has had
A couple supervised visits with our son was good for both hers and my sons
Mental health and lets just say her attitude is better now and I do not
Ever want my son to not be able to see his mom I will never want her as
A lifelong partner no matter what but she is pregnant again and far enough
Along most likely mine not her boyfriends but hey time will tell and no matter
Mine or his I'm going to be the main care provider as her my wife and her boyfriend are not mentaly or phiscily able to care for a child this they both
Agree on with me so is either mine or is my sons half brother so either way
Is still family and me just luvin it as wife and her boyfriend they are both in
Their early 20's and me in my mid 40's and has been nice last 3 months without her around hitting me... :)
That's the story my life oh well here is problem lady we bought house from had my wife sign a paper last July 4th 05' basically says payment on house is made for month of June 05' and that my wife gives up any and all our rights to our house and property on this day July 4 05' signed by wife, lady we bought house from and her daddy as well...
Fast forward a month aug. 1 05' I get out of jail did my time come home to a
Empty very damaged house own nothing so I fix damage doors windows start getting some work send lady we bought house from informed her we really need to talk and sit down and write that new contract because in affect all she has done is canceled the one we did have by attempting to steal back house while I was in jail when she had wife sign that bs paper because in our original contract it clearly states that at anytime our payment is more than
30 days past the monthly due date the owner reserves the right to require the purchaser to vacate the property within 30 days and forfeit their right of any ownership or return of investment.
So in affect she the lady we bought from just broke that contract because
June payment was made and on July 4 she had wife sign bs paper and then
Lady we bought from even relisted house for sale for 35000.00 2 different couples in area were shown my house by her while I was in jail and those 2 couples knew what I had invested and told me what was going on as soon as I returned back from being in jail for 30 days and other neibors saw her bring
People by showing house on many days in July 05' so anyway lady never would return calls or answer any letters I even sent first letter to her in aug.05' certified with July and aug 05' payments and informed her we need to sit down together re write this contract, I received no reply nothing no returned phone calls or no answer to any letters, OK fine I paid oct
Payment with a letter no more payments until do agreed upon repairs and rewrite contract period.
Nothing no reply no returned phone calls no returned response from numerous letters I sent her nothing until jan.26 06' I received a letter from her new husband saying he is handleing this and demands payments I owe or he's turning it over to his attorney I replied re write contract and 90 days from that time I will pay rest of money owed period.
No reply from him until I get a letter from his attorney he filed a complaint in courts in the end of feb.06' I in turn filed my response to his complaint
Than I hear nothing until aug.26 06' I get a bunch of copys from there attorney where as they have filed a motion of eviction against me
Set for this Friday sept.1 06' it did not say court date in papers nor have I received anything yet from courts saying to be there on sept 1 06' I looked
It up online in court dockets and there I am me verse her for a motion hearing sept 1 06' 9 am circuit court so I ask I know finally I ask what happens now
Are me and my son going to be kiked out into the street this Friday and nothing I can do now but live on the street and I have lost everything
Because I lost my job I had back in June because I was hurt bad in my leg
From the assault on June 7 06' then after I healed I was so far behind now
On all my bills I cannot afford to take a 7 dollar an hour job now because
My babysitter cost me 20 bucks a day so really we have no where to go but
The street or live in my car until I get working again driving semitruck for local
Farmers hauling beans and corn like I did last fall then I will be fine just waiting for one of them to call me back then I can get caught up in no time money wise and really I just been taking my son with for the few side jobs I have found not driving just misc jobs yard work cement work plumbing so really
I been staying caught up with a little help from family up north and friends around here main bills been staying paid elec,water,phone but as far as food
Goes baby eats fine he's number one but myself been eating a lot of peunut butter and jelly will be very nice to get back working real soon I hope sorry is so long a story but if any ideas or suggestions I'm wide open my thing I'm thinking is simple I just going to go in there Friday and say hey they have no grounds for a motion of eviction because what they are baseing it on is a contract the plaintiff broke back in July 05' by attempted theft of house and property by having the wife sign that bs paper and then the relisting of house for sale and the showing of it to people period.
Thanks for any replys very much as my time is short is all ready wedsday and well maybe something be in mail today saying be in court Friday but down here never know I might not get anything until next Monday saying to be there last Friday I kid you not but is why I look online and will call on Friday make sure is going to be court that day and oh you I be there... and down here so many of these peeps own tons of propertys mostly stole them in my opinion and you know what not a one of them is a lic. Realtor, now to me there is something big time wrong with that picture again just my opinion hmmmmmm