I'm the seller, doing owner financing, which has turned out to be a nightmare! I had legal contracts that were checked out by an attny. It has been a year, they only made the min. pmts, no deposit or down pmt. But seemed to take exc. Care of the property and seemed very happy there. Without permission, or our knowledge, they made a lot of changes, like expensive faucets, light fixtures, cutting trees down (live in the country) numerous things, including a split rail fence, and then called for us to come and see afterwords. I would remind them they needed to concentrate on securing a commercial loan or getting this one paid before making any real changes according to the contract. 2 weeks ago he called,very angry, said they're moving. Supposedly I had been spreading rumors on his girlfriend. Not only did I not have a clue what he was talking about, & it didn't happen... I don't even know anyone that knows them, nor would care, and that's not the issue for me, it is for them I guess. They did not pay the Aug. pmt. moved out and have not returned the keys. They moved directly in front of us! These are the only rentals in this area, the rest are established home owners. I can't figure out their thinking or their audacity? They have moved, I can't get the rent, or keys, PLUS they removed the split rail fence, huge holes along a 40' driveway now, the fixtures, and faucets... and GOD knows whatelse. I'm told this is theft, since everything they replaced was nice and working. They told me they took everything they bought! It was hard, but I was decent and told him to get his contract out and read it very carefully before he removed anything, that's the only contact I've had with them. A local attny wants to do a detainer warrant, but I'm not to enter the property at this time. Have no $ for attnys, but cannot let the scumbags screw over me like this and live in my face every time I walk out my door. Our court system is very poor here also, but the lawyers says we are going to do this and do it right? Any other advice?

If you have a contract and they violated that contract, you should be able to sue them and win. Did they inform you in writing they were moving? If so and you witnessed them pulling out, then all you need to do is hire a locksmith to open the house and change the locks. I don't understand why you can't get into the house or why you are supposed to stay off the property.

There are a few gaps in the info though. Why did you allow them to move in without a down payment. Did you actually register a mortgage or is this a rental with an option to buy? Is the home still in your name or do you just have a lien against the mortgage.

You are going to HAVE expend the money for lawyers, there is no way you can handle this yourself at this point.

Thanks for the response. They did not inform us in writing about moving. Just a rude phone call, and started moving that same day. Yes, we watched them move. I realize there are gaps in the info, there was no down payment, rent to own. Property has a clear title, still in our name of course. We were foolish to do this obviously without knowing them any better than we did. As far as the attny's advice goes, first was "As soon as we know they've vacated the premises for certain, get in there, photograph everything, inspect every inch of the place and change the locks." Next day, the attny said Not to do that, instead he wanted to get a detainer warrant and do this thing right. The appt. isn't for another week. So in the mean time, I guess we're supposed to do nothing, which means a loss of income on the property too. Just so frustrating. I cannot understand how they think they can get by with this?

Hello turmoil:

Listen to your attorney. That's why you pay him. It's apparently only another week, and you should eventually be able to collect (win) it from them. Sounds like you're on the right track.

Quote:

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Originally Posted by tnturmoil

I cannot understand how they think they can get by with this?

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Yeah, I'm amazed at some peoples kids too.

excon

So much I could say about them (personailty and living habits) but I don't dare. Just trying to keep my mouth shut and let the steam roll out of my ears! Thanks, this might just make the week go a little faster.

Hmm, I'm not so sure about listening to your attorney here. I looked up "detainer warrant" and found this:
http://www.legaladviceline.com/packa...oup=9&state=TN
(Note: this type of warrant may mean something else in your area).
Did your atty explain what a detainer warrant is and why he changed his advice?

Since the people have ALREADY vacated, there is no need for eviction. I think the original advice to get in there, photograph and inspect everything and change the locks is better advice, since they are already gone. What's to prevent them from sneaking back in at night and torching the place, destroying your evidence? At the very least you NEED to change the locks or add additional locks to prevent them from getting back in.

Their thinking may be that it will cost you more to go after them then to just repair and go on.

That is exactly what we think too! I'm afraid of them sabotaging things, they are so stupid... very low breeded (sorry) If it goes to court, we now think they would be the type capable of doing anything! I did find out from the elec. Co they put the disconnect order in for today, so I think tomorrow morning or today is my time to do this. I'll be very honest here, my husbands parents died, we inheireted the property, but leaving us with 2 mortgages. We've been trying to sell it for a long time, listed it below the appraisal too. This in turn left us with 2 mortgages so after the first renters, we knew we did not want to be landlords, so these people wanted to buy, if we would carry it until they got a commercial loan we FOOLISHLY had the contract drawn up. I'm trying to get some simple advice from other real estate lawyers, but not getting anywhere with that. Appreciate you very much.

Hello:

I suggest that your attorney is taking the conservative approach. I think he's right.

Yes, they're not there any more. However, since they've not been evicted, and the notice they've given WILL be under review by the court, it could be ruled, that the tenant IS still the possessor of the premises until an actual eviction takes place.

Therefore, if you enter, change locks, remove property or do anything until they are legally gone, you risk them winning everything... And yes, while they are technically in possession of your house, they CAN do crap to it. Hopefully they won't, and if they do, you can get it out of their butts.

excon

Tell your attorney that they put in a disconnect order. This should give you sufficient proof of abandonment to free you to go in without fear of compromising any future litigation (which is the only thing I can think of that the atty was thinking).

You NEED to secure the property. I would then go in with an independent photographer (Try a wedding photographer, they might be willing to make a few bucks on a weekday to make a video walkthru). This way you have independent proof of any damages.

Then get an estimate of what it will take to restore the house. Document everything!! Especially every expense you incur.

I'm thinking... leave everything alone until I have the keys in my hands. I know everything they've done is illegal, I also know I cannot afford to hire the attny, nor will I let these idiots get by with this. I'll let the lawyer handle it. IF they get ticked off and do anything then that will be theirs to pay for too. As I said earlier, I don't trust our court system here. I have plenty of people who know what's going on to stand behind me on this, if needed.

Another attny just called, said in his opinion, it's our property, they have moved, we should get in there and secure it. To sue them for damages and loss of rental income probably wouldn't be anymore than losing time from work, and the stress level of courts, plus the cost of legal fees.

I obviously agree on the getting in there and securing it. He may be right though, that once you factor in lost time from work, and atty fees, the amount you recover may not be worth the time. The question is whether you can include attorney fees in your suit.

Another issue is, even if you win the suit, you then have to collect on it. You will find assets of theirs to attach. The courts only award you the judgement, they don't make the loser pay.

Hello again turmoil:

Quote:

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Originally Posted by tnturmoil

I also know I cannot afford to hire the attny, nor will I let these idiots get by with this. I'll let the lawyer handle it.

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I'm missing something. If you can't hire the lawyer, how is the lawyer going to handle it?

Quote:

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Originally Posted by tnturmoil

I don't trust our court system here. I have plenty of people who know what's going on to stand behind me on this, if needed.

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The court system works as well as its participants. If you go in fully armed with the truth and the law, even if you get a corrupt judge, he'll HAVE to rule for you. If you lose on the local level, you can appeal it to a court where they have REAL judges. Plus, the court system is the ONLY place for you to go. Bring all those people with you as witnesses.

excon

I cannot afford a lawyer, correct, but I'll do it some how for sure if I have too. As far as the corrupt judge, courts, not too much is fair in this county. But the truth is exactly what I have on my side, and plenty of witnesses so I am as prepared as I can be right now. AS I speak, what I want to do is call the sheriff's dept, have a deputy come up as a witness to serving the eviction, yes, even though they have moved, there is a truck and camper sitting in the driveway belonging to them. So it's extremely hard to sit and do nothing at this point. Don't feel too much like a lady at this point either! One attny says wait, the other says go for it and claim what's yours, but with a written statement of their breach of contract.

If you want to be safe, file the lawsuit for eviction and get the judgment for eviction. Don't go into the house or change the locks until you have the judgment for eviction. Just because they've moved out doesn't mean that they've abandoned possession. They officially don't turn over possession to you until they return the keys.

Once you have them officially evicted, go into the house (with witnesses) and start taking pictures/videotape of the condition of the house. Bring something that shows the current date, such as that day's newspaper. After you've taken the pictures start collecting written estimates for repairs. Once you have estimates for all necessary repairs, send them a letter by certified mail requesting payment for the repairs and all back rent within 14 days. Include copies of the estimates. If they don't provide you with payment in 14 days, file a lawsuit. Bring the original contract, the judgment for eviction, the pictures/videotape, the estimates and your witnesses to court with you.

Good luck!

Hello again turmoil:

The good news here, is that Lisa IS an attorney. She's very smart and always agrees with me (ok, not always).

With her information, bolstered by everyone else's, PLUS your determination, I believe you can do this WITHOUT the services of an attorney. That's something I seldom recommend, but you can do this. Besides, we'll be here to assist you along the way. You go, girl!

excon

You all have made my day! Finally found something to laugh about! I noticed there is still electricity on at the other place, and he is still moving "stuff". Last load looked like plants... maybe he dug up his little garden? Thanks for all the support.

Hello again. Looks like the "renters" or scumbags? Will get away with trashing our place. The attny said the courts would definitely rule in my favor, but collecting is another story. I had a deputy to go in with me, took great pictures. They decided to leave the keys inside the house and leave the doors unlocked like typical cowards. I had a neutral witness go with me to confront this guy... trust me, there was not one ounce of feminity left in me when I was done with him. Can't afford to do all the repairs right now, and can't afford to leave it set empty, but it will all work out eventually I suppose. Thanks for the support.

That's always a problem with suing someone, the courts will award a judgement, but then you still have to collect. This means YOU have to find assets that can be attached. Did they pay you by check? If so, then you should have info about their bank account. As soon as you get the judgement attach the account.

They always paid cash, I know their SSN, DOB, employment and where they bank. They don't have a thing in the world I would want, or nothing to attach as you said. They aren't poor... just stupid, and I personally am sick of fooling with it all. Even the insurance co. is doing what they can to help me recoup some of the damages, but it will be doubtful. They might get by with it this time, but I have pulled a few strings that they may have a very hard time from here on out. Thanks.

If you know where they bank you can attach their bank accounts up to the amount of the judgement. I don't understand why you wouldn't want to do that. Trying to take property like a car or furniture is a hassle. But if you can attach a bank account, that's cash.