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socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38564
Experience:  Retired (mostly)
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I need help please. I was trying to file a motion to vacate

Customer Question

I need help please. I was trying to file a motion to vacate judgement. I have a lock out tomorrow.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 1 year ago.

Hello,

What sort of help are you seeking?

Customer: replied 1 year ago.
I wanted to stop the lock out so I could go back and file an Answer to UD. (I have a default adjustment against me because I didn't respond). Long story, but the gist of it is that I was exercising my option to purchase a rent to own property. I had a little trouble getting loan funded.The 2 years was up, I'd paid my rent 1500 with 300 credit each month going back to me towards purchase along with original option fee of 8000. He agrees he'd honor the purchase agreement as long as we continued to pay him month to month 1500 with no credit given back. During this time he had people approach him and offer to buy it for 30k more than us. When owner realized he had $17,000 of my money and my sale price was 30,000 less than he could get now (2 years of equity), he decided he would try to get out of the contract. He handed us a backdated copy of an erroneous and 60 day notice to quit, two weeks after he had claimed he served it to us. We were surprised and informed him that we were still trying to work out the issues that were holding back the loan (an old paid judgement proof of payment needed to be filed in court to remove from credit report, etc.) We said we didn't push it through as fast as we could, as we thought he was willing to wait because he was still getting extra rent from us. He seemed paranoid and kept asking us to put our down payment in escrow before the mortgage broker even started processing the loan. Our broker asked us to do the other loose ends first. So on 7/1/2015 (20 days after he dated his bogus 60 day notice) he and I signed and had notarized a new purchase contract and would walk away if we couldn't get it funded and into escrow by 7/31/2015. He said don't worry, consider the 60 day notice null and void. He never filed proof of service on it or anything anyways. So then on the 7/27/2015 we had our loan agent call and tell him we were funded and she'd send him over a letter of approval. He said, "I already sold it!". Now this is 3 days before the new contract expired, breaking this contract. We told him we would walk away and lose the equity if he would agree to pay us our money we paid him. He said no and on 8/12/2015, he filed an UD complaint and stated the 60 day notice never stopped. Since our back door appears to be our front door, they posted it there and we lost by default for not answering the UD. He got a judgement and mailed, personally from his house, the CIV-100 copies to us a few days ago. We never knew he filed UD complaint until the sheriff put a "notice to vacate" on our front door on 9/3/2015. They gave us until 9/9/2015 for lockout(with a 3 day holiday weekend in between those dates it didn't give much time to take action). So on 9/4/2015 I called owner and offered deal to raise purchase price 10k and only ask for half of our 17k credits back. He agreed to it on a recorded telephone conversation(all of my calls are recorded and he is aware of it. I can't get stupid recorder app off of my phone.lol). He said have your agent call me and work out the newest contract. She called him later that day, 4pm. All was well. He said he would call and stop eviction. He tried to call my wife later at 8pm, same day, and ask her to immediately run down and put money in an escrow account. She didn't get the call as he had called her work number. Next morning, Saturday, 9/5/2015, he sent an email to me saying sorry we couldn't work it out and wished us well. So my agent called him again and asked what was wrong now. He said he didn't think we were taking him seriously enough and didn't think we'd get it done. She told him it is a holiday weekend and he called her just 4 hours later at 8pm on her work number, so of course she wouldn't be expecting him to call with any problems. She said there was no way we could put money in escrow until Tuesday anyway because Monday is Labor Day. Especially, since he didn't sign the new agreement yet. So as of 5 pm on Saturday, 9/5/2015 he was agreeable again and that on Tuesday, 9/8/2015 he would call and stop eviction. Cut to Monday, 9/7/2015, when my real estate agent calls him to confirm a few minor details before she sent him the contract. He tells her he decided he would sell us the house but he would not stop the eviction. He told her he wanted us to move everything out(with one day until lockout, mind you), the sheriff to lock us out, then he would take possession again. Then we could purchase the house at his new full asking price with no credits, then we could move back in after escrow closes. Oh, but he was nice enough to say we could leave the big things like flat screen screen tv's on the wall and fridge, stove, artwork, etc. and they'd be safe until we bought the place back. Do I have grounds to win UD? How can I stay the execution and stop lockout? In meantime how do I also vacate judgement so I can go back and answer UD? Thanks. Sorry so long. I just wanted you to see how transparent his motives are.

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