[sssswayyyy]

I entered into a lease with option to buy contract with my mother and her now ex husband for a house they own approximately five years ago. He has since left her, she filed for divorce and in order to be rid of this shady character, my mom gave up her half interest in the house that I contracted to lease with option to buy. The basis of the contract is that I would pay the remaining $25,000 of a $45,000 note they both held with a lender who was also a friend of theirs. My mom’s ex has tried to take just about everything he could from my mother and our family, and now the holder of the note (who he has also cheated) has agreed to sign the deed and ownership of the house over the me if I pay the remainder of the note. My question is, can she legally do that without interference from my mom’s ex, since I still have a lease to buy contract with him? This guy is a shady dealer as I said earlier, and pretty much contributed to my mother’s losing a major part of her retirement and the stress from the divorce and all the fighting pretty much helped put her in her grave. Does the note holder who owns the house have any responsibility to this guy, or can she do this to help me out, since I’ve paid the majority of the note and have kept the house in good condition and even improved it? I would never think of subverting or not fulfilling a contract, but this shyster has taken my mom’s money and contributed to her demise and both myself and the note holder feel he does not deserve the house. I’ve been faithfully paying the note, and taking care as one should and the note holder would rather the house go to me.

[rockinmommy]

You need a real estate attorney to review the situation. These types of contracts can be complicated.

I know this is an emotionally charged situation for you, but please remember that what your ex-step-dad "deserves", etc. isn't the issue here. The issue is that you had a contract with him, you've (I assume) fulfilled your end of it, and now he's obligated to fulfill his. Which includes you exercising your "option" to buy the house. If you have a copy of the signed option contract I'd take it to an attorney and tell them you want to exercise your option and buy the house. Don't even try to deal directly with the seller or the note holder.