 |
I had a tentant who never paid on time, I live in another state. Sob stories for 4 years. Lease/Purchase, I told her to get the balance down to $3500, and pay her bills that could have the place. I notarized a quitclaim deed signing the house over to her. She has not put it in her name yet. It's been 6 months. I continue to get her water, gas and taxes bill because the house is in my name. Can I retract the agreement and evict her?
Why would you quit claim deed a home to someone who still owes you money in the first place? What kind of agreement are you talking about?
Quote:
Originally Posted by robin4156
There is a real estate Attorney who often answers but in her place I would say that the tenant could file the quit claim at any time so, no, you cannot retract the agreement. You go to evict her, she files the deed, she owns the property.
Was this on the advice of an Attorney (I certainly hope not).
What are you doing? First on a lease purchase or on a contract for deed, you do not give them the deed until the house is paid in full.
At this point you would have a mortgage written up and signed by them, since once they have a full deed, the lease purchase is no longer valid, and you would have had to draw up a mortgage paperwork before you gave them the deed. So now you have to foreclose on them because they have not paid, even if they have not filed the deed, you can still foreclose on the basis of the deed you gave them.
If you gave them a deed, without having any mortgage paperwork, you may have just gave your house away and you need an attorney yesterday.
As for gas, electric, why are you paying them, you merely take them out of your name, the day you sold the house. As for the taxes, you pay them, but add them to the lien, you bill them with the next month, and if they don't pay you for the taxes, you foreclose on them.
** this is again you have a mortgage written up properly with the right to do that.
Get the water and gas out of your name pronto. Let the deadbeats pay their own way until this gets straightened out. They should have been paying this all along anyway. What were you thinking? They could rack up a huge water bill and a huge gas bill and leave you stuck.
I can only speak for NYS BUT this is a lease/purchase agreement. If she shuts off the gas and water after paying for a period she has legal problems. Of course she can approach the tenant and possibly the tenant will consent but this entire situation is full of potential problems in all directions.Quote:
Originally Posted by twinkiedooter
The owner hasn't complained up to now and can't suddenly change the rules.
| All times are GMT -7. The time now is 06:27 AM. |