[dawnaustin12]

I have a very difficult case. My niece came into some money and gave us a mortgage @ 7% to purchase a rehab home we have an installment agreement for warranty deed. We are having difficult financcial time and could not pay our real estate taxes last year. The taxes were sold in November. In January there attorney sent us a letter of default of the contract. We contaced them by the deadling and told them how we were going to pay the taxes within a couple of months. They did not care, they came back with all kinds of default items, that were not true, i.e paying there attorneys fees, lates fees for the mortgage paymjents paid after the 10th, but not 30 days late. Since then, we are trying to determine what to day. They will not allow us to sell the home. We are struggling and can not afford it anymore, we asked them to give us permission to sell and they said no. My argument is that we have have put 50,000.00 into this property, which buy the way was not habitable and they refuse to allow us to sell it to recoup some of our money. Verbally, they told my husband, and both of my husbands brothers that they would allow us to sell anytime. I want to know if I might have a fighting chance to win this can having the verbal agreement

[ScottGem]

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

As to your chances, frankly they are slim to none. A verbal agreement might stand in the absence of any written agreement, but since you have a written contract, a court will be likely to look only at the contract.

A mortgage and an installment agreement for warranty deed are two different items. A mortgage is a loan secured by real property. You purchase the property and the lender places a lien on it. In an installment agreement you don't own the property (and therefore can't sell it) until the installment agreement is satisfied.

You need to read and understand the contract. It spells out what your can and can't do and what your rights are.

[Fr_Chuck]

Yes, and not paying the taxes, ( which is still in the other peoples name if you just have a contract) is a very large and serious issue, and a "plan" to pay them, is not them paid and they can declare you in default, they don't need any other reason.