How can I repossess my house due to non payment?
I sold my house and the person quit making payments as of Nov and I believe he violated the contract by re-selling it without my permission as there is a clause in the contract stating he must ask my permission and if he did sell my house what happens to the people he sold it to do they have to try to get their money from the person that I sold it to? Who ia the one that is most likely to come out the loser?
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March 12th, 2010 at 2:46 pm
go back tot he lawyer who handled the sale
March 12th, 2010 at 6:57 pm
he would have had trouble selling if he was making payments. your name would have been on the deed of the house as having a loan against it.. it he was able to sell it then he did not do with what is called a ‘clean title’
which means the NEW owners NOW owe you money.. which means they can sue the old owner for the money they NOW owe you..
March 15th, 2010 at 5:20 am
If the person you sold the house to was making mortgage payments to you then you legally hold the Lien on the house therefore there is no clear title on the house which would have made the sale impossible as the bank financing the deal would have had to run a title search on the house, so if they sold the house then the money should have come to you the “legal Lien holder” on the mortgage so you should have been paid the balance owed on the mortgage.
You need to go to the attorney that handled the “orginal” contract and you need to sue the people you sold the house to the first time, the second sale was invalid but the people who bought the house “if it did infact sell” shouldnt’ be the ones penalized because they were unaware of the deal the so called new owners had with you. The people you sold the house to are the ones in violation of their contract and are the ones you need to go after.
Just like a bank you now need to foreclose on the home and you are going to need an attorney to do that.
Next time sell your house outright and get out of the place entirely then you won’t have to worry about non-paying owners, you can let the bank do that.
Good luck