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Timber01 · Jun 9, 2012, 04:43 PM

I have a house I purchased in Rochester there were tenants already in it I now rent to they wanted me to buy the house so gave me some $ toward the closing but I bought it and everything is in my name and we have no written agreement now I'm having trouble getting them out

JudyKayTee · Jun 9, 2012, 04:46 PM

Rochester, NY? Evict them according to State law. If they have leases, it's different.

They gave you money toward purchasing the house and in exchange for that money (which you apparently accepted, knowing they wanted you to buy the house) you are trying to evict them?

Does the bank/mortgage company know where you got the "$ toward the closing?"

Fr_Chuck · Jun 9, 2012, 04:52 PM

So what was your agreement with them for them "giving" you this money.

I would expect them to sue you for the money if you try to evict them? Where they suppose to be part owners and you cheated them ?

Since down payment money is suppose to be yours, did you disclose the place the money came from ?

Was this money suppose to apply to rent ?

Timber01 · Jun 9, 2012, 04:58 PM

They have not paid rent for 3 months. They also wanted me
To add their name to the deed of the house which obviously I could not do. After not getting rent I took them to eviction court where they produced a forged written property purchase agreement. Their lawyer argued that this is not a landlord tenant matter and should be a property purchase matter. The judge didn't know what to do and dismissed the case to be handled in a different court. I immediately went to the police and had her arrested for forging a false property purchase agreement and was confirmed that the notarys signature was in fact forged along with my signature. Now I have eviction court scheduled for a 2nd time. Should I go through with it? We have a verbal agreement for me to own the home and them pay the cost of
The monthly mortgage to stay there and if they wanted to buy the home from me they could do that in the future however that's not the case now as they tried to get me to add their name to the deed of the property by using my name for them to have control of my house. They also tried to open 7 credit cards in my name using my personal information which I am having investigated but that is a separate issue.

joypulv · Jun 9, 2012, 05:06 PM

They gave you money 'toward the closing.' You have not mentioned how much they gave you, how much the rent is, or how much they owe since they stopped paying. It sounds like a quagmire you jumped in to feet first. It is hard to give advice without the basic facts first - how much.

Timber01 · Jun 9, 2012, 05:07 PM

They asked me 3 months after closing to put their name on deed I was not going to do this while I am responsible for the mortgage so at that time they stopped payment.
Our verbal agreement was I bought the house they pay me the mortgage amount until they have good enough credit to purchase it from me but I realized soon after that it takes a long time to build credit and I am getting my credit ruined because they aren't paying.

Originally Posted by Fr_Chuck

So what was your agreement with them for them "giving" you this money.

I would expect them to sue you for the money if you try to evict them? Where they suppose to be part owners and you cheated them ?

Since down payment money is suppose to be yours, did you disclose the place the money came from ?

Was this money suppose to apply to rent ?

Timber01 · Jun 9, 2012, 05:12 PM

Theyvpaid about half as indid not want the house or have money for it they manipulated me saying it would be out of my name in 2-3 months I'd make 5000 etc. They paid about 2500 and I have now paid three months mortgage of 578 each for them to live there and a 200 bill from city for the lawn to be mowed

QUOTE=joypulv;3146655]They gave you money 'toward the closing.' You have not mentioned how much they gave you, how much the rent is, or how much they owe since they stopped paying. It sounds like a quagmire you jumped in to feet first. It is hard to give advice without the basic facts first - how much.[/QUOTE]

Timber01 · Jun 9, 2012, 05:20 PM

[We were not partners they are poor with bad credit and I was a fool I'm getting screwed not them I wouldn't evict them if they paid as agreed and the money they paid for closing was in return for me purchasing the house and renting to them vecauae their old landlord was selling it and they didn't want to loose itQUOTE=Fr_Chuck;3146640]So what was your agreement with them for them "giving" you this money.

I would expect them to sue you for the money if you try to evict them? Where they suppose to be part owners and you cheated them ?

Since down payment money is suppose to be yours, did you disclose the place the money came from ?

Was this money suppose to apply to rent ?[/QUOTE]

ScottGem · Jun 9, 2012, 05:24 PM

Its funny, but if they had just told the truth you would be in big trouble. The truth is you agreed to buy the house using money they provided to you with the promise that they would be able to buy it from you at a profit to you after a time. That is very different from what you said in your initial post. If they had gone to the judge with proof of the $2500 they paid, the judge would have possibly have ruled that there is a lease/purchase agreement. However they were out of line in asking to be put on the deed. And then forging a document ours their credibility in the crapper.

So yes, go ahead with the eviction. Tell the court that you did have a verbal lease/purchase but they had no right to ask to be put on the deed (they should have just put the lease/purchase agreement in writing) and by stopping payment have defaulted on the agreement which reverts it to rental lease which they have not paid on ans therefore, should be evicted so you can get a paying tenant.

Timber01 · Jun 9, 2012, 06:25 PM

Yes I just wanted to make sure this applys to eviction court. They did break our verbal agreement by demanding me to add them to the deed and by stopping to make rent payments. They have proof of wiring money into my bank account is what they are trying to argue. I heard under some new new York law that recently passed that property purchase agreements have to be in writing now. I got mixed up with the wrong crowd as they attempted to open 7 credit cards in my name using my personal information. I filed a police report and took all the necessary steps to protect my identity and am waiting for the credit card companies to send me the proof I need to procecute. They also tried to defraud a bank by writing a fraudulent check with the intent to defraud a financial institution and put my name and number down as contact info.

Originally Posted by ScottGem

Its funny, but if they had just told the truth you would be in big trouble. The truth is you agreed to buy the house using money they provided to you with the promise that they would be able to buy it from you at a profit to you after a time. That is very different from what you said in your initial post. If they had gone to the judge with proof of the $2500 they paid, the judge would have possibly have ruled that there is a lease/purchase agreement. However they were out of line in asking to be put on the deed. And then forging a document ours their credibility in the crapper.

So yes, go ahead with the eviction. Tell the court that you did have a verbal lease/purchase but they had no right to ask to be put on the deed (they should have just put the lease/purchase agreement in writing) and by stopping payment have defaulted on the agreement which reverts it to rental lease which they have not paid on ans therefore, should be evicted so you can get a paying tenant.

ScottGem · Jun 9, 2012, 06:36 PM

Have criminal charges been filed?

Fr_Chuck · Jun 9, 2012, 07:31 PM

Provide proof of the charges that have been filed by the DA for the forge of the contract for purchase. And forge of the notary. That will be your evidence there was no contract and basically make anything they say most likely not be believed.

Normally purchase of property can not be done verbal, so there is no such thing as a verbal contract for deed. ** this issue here is they had an attorney and you did not, most likely if they appear in court with an attorney again, you will lose without one,
Even with a good case

Their case as Scott said would be proof of that payment to you, at the very least, it could be considered rent for? How many months, so there is no rent due if you count that money toward rent. *** if I was them that would be my defense.

Timber01 · Jun 10, 2012, 10:42 PM

What kind of proof does a tenant need that has been taken to eviction court for non payment of rent and is trying to argue that the situation is a property purchase matter and to be handled in a different court. There is no written property purchase agreement. Only a verbal agreement to pay the cost of the mortgage and keep up on the lawn which also hasn't been done.

AK lawyer · Jun 11, 2012, 04:52 AM

Look up "statute of frauds" in your jurisdiction. If it applies, it may indicate that a non-written contract to purchase real property is of no legal effect.