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  • Aug 30, 2006, 01:46 AM
    traderdude
    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
  • Aug 30, 2006, 02:50 AM
    traderdude
    Any ideas or sugestions anyone??
    Please,
    Thanks.
  • Aug 30, 2006, 06:18 AM
    ScottGem
    First, you need to give people time to respond. Sometimes you will get a response almost immediately, other times it could take days.

    Second, I sympathise over your troubles. However, your narrative is very disjointed and unclear. So its hard to answer.

    From what I can get out of it, you signed a contract for purchase of a house. The purchase price was $30,000 and you put down $15,000. You were then pay $400 a month for 36 months. This does not compute since that's only $14,400. So its $600 short of the purchase price and doesn't account for interest.

    You also state that the contract gave the seller the right to void the contract with you forfeiting the monies paid if you are more than 30 days late. Its not clear, but with all the other things you cite, it would seem that you have been more than 30 days late in your payments. If so, then you don't seem to have a leg to stand on.

    In my opinion the only possible option open to you is to scrape together the balance owed and offer it to the owner in a lump sum to pay off the contract.
    Edited: excon makes a good point, with that much equity you might be able to get a loan, though not having a source of income will hurt. However, make sure the owner will accept a lump sum settlement. It appears she is within her rights to cancel and keep what you have paid.
  • Aug 30, 2006, 06:56 AM
    excon
    Hello traderdude:

    I'm excondude. Was up?

    I didn't read your question - too long, and I have a very short attention span. What I get, however, is that you have at least 50% equity and your present contract is being foreclosed upon.

    No problem, Dude. With that much equity, even with the worst credit in the world, you CAN find a lender who will get you out of your present contract and into a new one.

    Call ditech.

    excon
  • Aug 30, 2006, 08:45 AM
    traderdude
    Thanks and I will give them a call today !
  • Aug 30, 2006, 12:14 PM
    traderdude
    Quote:

    Originally Posted by ScottGem
    First, you need to give people time to respond. Sometimes you will get a response almost immediately, other times it could take days.

    Second, I sympathise over your troubles. However, your narrative is very disjointed and unclear. So its hard to answer.

    From what I can get out of it, you signed a contract for purchase of a house. The purchase price was $30,000 and you put down $15,000. You were then pay $400 a month for 36 months. This does not compute since that's only $14,400. So its $600 short of the purchase price and doesn't account for interest.

    You also state that the contract gave the seller the right to void the contract with you forfeiting the monies paid if you are more than 30 days late. Its not clear, but with all the other things you cite, it would seem that you have been more than 30 days late in your payments. If so, then you don't seem to have a leg to stand on.

    In my opinion the only possible option open to you is to scrape together the balance owed and offer it to the owner in a lump sum to pay off the contract.
    Edited: Excon makes a good point, with that much equity you might be able to get a loan, though not having a source of income will hurt. However, make sure the owner will accept a lump sum settlement. It appears she is within her rights to cancel and keep what you have paid.

    Hi thanks for reply and yes does not compute but at time of sale she said
    Was because she would give us that break because of our large amount down payment of 15000.00 But in what she was really up to is this and she has done it before in the past with like 7 or 8 people before we ever came along she gets the large downpayment then after we move in she hires thugs and they break windows and just mainly harrass us big time police are of no help at all because more then likely they are all in on it is same thing they did to peoples before us and mainly my big question now is about this Friday motion hearing they have filed with courts and I still have not received anything from courts about me having to be there and is weds afternoon so really I just want to know how there eviction laws work down here in this non-american
    State of Kentucky with there commonwealth state status crap which by the way there are only 4 of in all of our great USA Qestion:what will happen to me and my son if this no dought biased judge grants their motion of eviction at this motion hearing Friday will we have any time to move or will they just put my 1 year old son and myself out in street period?
    Question:I plan on to file a motion of dismissal of there motion of eviction
    On Thursday morning with the courts and mainly site fact of law she the plaintiff and us the defendants do not have a contract the one the plaintiff
    Is using to file this motion of eviction was NULL and VOID back on July 4 05'
    When plaintiff attempted to steal house and property back from us by having my wife sign that form plaintiff had written which is in direct violation of written words as per contract which clearly state we have 30 days before
    Payment late before any action shall be exacuted by owner to take back possession of house and property in which she was in complete breach of
    Original contract when she exacuted and had my wife sign form she the plaintiff had written and signed as well along with plaintiffs father as witness
    So in affect when all three partys signed that form on July 4 05" and June
    Payment was in fact paid in full as it clearly states in that form of July 4 05'
    The plaintiff made our original contract NULL and VOID by the breach of original contract and I in fact sent plaintiff a certified letter to that affect
    On first of aug.05' asking for new contract and I included payments for July and aug 05' and received no response so I continued to try to meet with her
    Or connect some how by leaving numerous phone messages and sending
    Letters in mail to no avail so I continued making payments I sent her sept and oct payments and included a letter stateing that is it until a new contract is written again no respons until I get a letter on jan 26 06' from plaintiffs new husband demanding payments or he will turn over to his attorney I responded
    Asking again for a new contract be written and then 90 days after such time
    I would have the needed financial help to pay balance in full and no response
    Until end of feb 06' and that was from their attorney he filed a complaint in courts, I in turn filed my response and then nothing until this last Friday aug 25 06' I get a bunch of papers in regular mail from plaintiffs attorney basically copys of motion of eviction he filed in courts no date when motion will be heard and I have received nothing from courts telling me to be in court that day but I went online looked at court dockets for that day and sure enough motion hearing is set for 9 am Friday sept. 1 06' plaintiff vs Me defendant
    So is why I plan to file for motion of dismissal of their motion of eviction
    Thursday morning with the courts as outlined above think I have a chance in hell or is it just a lost cause in your opinions??
    My Opinion because from all I learned since
    Moving here, back on st. pats day 05' is the courts are biassed everyone in the south are rude they all steal they all treat their kids and animals like crap and they all litter and they drive fast with no regard for safety at all and worst of all they have babies with their own daughters,and the biggest part of population of Kentucky all most 80% have spent some time in jail is the norm down here so heck I been initiated and let me tell you those 30 days in jail was first time I ever been in jail and felt like 30 years, food was great just not much of it and I did manage to acommplish something while in jail besides writing and reading letters for other inmates cause down here most of them in jail cannot read or write, but anyway I did manage to do something I allways wanted to do I read the bible from cover to cover word for word so feeling pretty good no matter what happens really, just have to keep the faith one day at a time :)
    Of course just is my opinion :(
  • Aug 30, 2006, 12:43 PM
    ScottGem
    I'm sorry, but your posts are not very clear. You really should try to organize your thoughts more and use proper grammar so we can try to understand what you are saying.

    I can say, that it would not surprise me that this woman has pulled this. Another person who answers questions here has spoken about doing similar (i.e. selling on a contract, then hoping for a default so they can pocket the money and sell it again, though I don't believe he tries to force the people to default).

    Your only hope of doing anything about her is contacting your local district attorney. They may want to pursue this as fraud.

    While the paper your wife signed is probably not valid, that doesn't void the original contract. The ONLY question is whether you were ever more than 30 days late. If you were, then the original contract gives her the right to retake possession. If her eviction notice is based on the paper your wife signed, then you can probably fight that and win. Since you are still in the house more than a year later, the paer your wife signed is moot and really has no bearing on the current case.
  • Aug 31, 2006, 07:43 PM
    traderdude
    Thanks for the input and your opinion hey just wondering if you know of any attorney that actually knows anything about commonwealth states crap
    Laws or even if there are any real attorney that visit this site that know anything at all about Kentucky commonwealth crap status laws in regards to evictions??
    Thanks :)
  • Sep 2, 2006, 02:28 AM
    traderdude
    Too Kool went great in court judge ruled in my favor said plaintiff breached contract back in July 05' when plaintiff attempted to steal back house and property and relisted it for sale and showed people house :)
    And no motion of eviction was granted judge advised we sit down write new contract :)
    And an attorney from this site has contacted me as well and wants to work with me and some other people whom have had same thing done to them as has been done and or attempted to be done to me in this town
    And looks like federal courts and fraud charges and somekind of class action law suit will end up being filed in the end against all parties involved thanks very much for having this site and I promise to keep you updated have a nice day :)
    And it will be kind of fun as well because local courts here do not allow for video tape evidence BUT in federal courts is not a problem and that I have plenty of from day one of arriving here so should be very interesting when they want to call WHO a Lier LMAO :)

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