[eberg]

This one is a bit complicated... any help would be greatly appreciated...

I was told by a woman I was working with that she had a house I could move in to and pay her "whatever" for the moment because she was paying the mortgage and it was empty. Something is better than nothing. I moved in that week and about three months later found out that the place was not hers at all but owned by a title attorney whom she claimed was her cousin. Which also turned out to not be true. Once the truth was known the true owner wanted "x" amount of rent per month but said he would work with me on it. So basically I ended up there 6 months and no money has been exchanged. He let me stay and only emailed every now and again saying he wanted money. I moved out because I could not afford what he was asking. He now wants me to sign a paper saying I will pay him with interest, give up my homestead rights and
That an attorney will represent me in court should I default with no further notice.

Who has the upper hand here? He let me stay beyond 3 months with no money exchanged, put a note on the door for eviction but never acted on it and I have now moved out of state and he is wanted me to sign this paper... any advice?? :rolleyes:

[RickJ]

Don't sign a thing!! He should instead be sueing the woman who let you move into the house.

The most you could be held liable for is based on when he became aware of the situation and when he demanded money.

You were on a verbal month to month occupancy at no charge. At the point that he told you what the charge would be, you should have 30 days after that to either start paying that money or move out.

... so what you can be held liable for is whatever he said the charge would be starting 30 days after he gave you the notice in writing.

Again, do NOT sign anything at all. He does not have a leg to stand on, that's why he wants you to sign.

[CaptainForest]

I agree with Rick.

Do NOT sign anything.

[ScottGem]

One point here is the mention of homestead rights. I would check this under VA Law. Because you had possession and were allowed to stay in possession you might have had the right to stay.

However, since you have moved, the point is probably moot. Don't sign anything, without consulting with a lawyer YOU choose. But I suspect this is just bluff so that you don't claim the house.

[Cvillecpm]

You have no homestead rights in VA. Sign nothing and agree to nothing in writing or in an e-mail. Let them file suit against you and explain to the judge how you were allowed to live in the property so long without paying rent.