For those who don't already know my situation- you can read about here:
https://www.askmehelpdesk.com/real-e...-142411-2.html
But basically, I am buying a house, owner financed.
Our December payment was late, a piece of equipment at my husband's place of employment broke and he was laid off for 3 weeks until it got fixed. He got unemployment, but it is only about 1/3 of his normal paycheck. So we didn't get our payment sent until the end of the month. The lady we are buying from called my mom on Thursday evening saying she hadn't gotten payment(tracked with post office, was delivered the day she called) and she told my mom that if she didn't have December's payment, January's payment, and all late fees by that Saturday she would have to ask us to move. My mom told me Friday morning and I called and told her that post office stated they delivered the day before and she said she hadn't been to post office to check mail. I asked her about her wanting us to move if we didn't have everything paid by Saturday. She said yes that was right. I asked for her to send me something in writing stating this. She then got quiet and asked really nasty what we had sent. I said December's Payment and December's Late Fee. She wanted to know when we would be sending January's payment and I said next week. She then began telling me about all these months we supposedly owed late fees for and how she was doing us a favor by not charging us a late fee on a late fee. I explained that we shouldn't have a late fee on those months she is saying because our contract says no late fee until after payment is 15 days late. We were not 15 days late on all those months. Only a few times besides this month. She swears it doesn't say that and wants me to fax her a copy, so I did that today. She never did answer my question about sending me something in writing about moving or mention it again after I asked for something in writing. The last thing she said about moving was that she wanted us to if we didn't have January's payment and the supposed late fees there by that Sat. the 5th. The exact day that January's payment is due.
As stated in other post, our contract says late fee after 15 days, if 30 days late then the sellers can demand we pay the balance in full or vacate. So, I don't feel that we should have to move, we were late, but not 30 days and paid the late fee in addition to the payment for December.
Should we move and then fight it out in court or stay put and see what happens?
I can't wait until March when we get the place financed through a company instead of her. Her husband was very easy to deal with, since she took over handling everything it has been something new for her to complain about each month. After we bought the place we found out we were the 4th person to owner-finance it, the other's had left in middle of contract, I think I am understanding why.