Back in 2007 my husband and I entered into a Contract for Deed
to buy a house from another couple.
1st issue: In the contract it states - Sellers shall have the continuing obligation to keep current on payments of existing sellers mortgage
to Seller's lender and that Sellers provide to Buyers (us) any and all information pertaining to Seller's loan status, including payoff date, remaining loan balance, currency of real estate
taxes and insurance payments and notification in the event Seller's choose to pay off their loan earlier than the scheduled date. Sellers shall provide proof to Buyers that all due payments of taxes, insurance and mortgage are kept current and up to date.
The sellers have a loan with a mortgage company on the home we are buying from them, they are suppose to provide us monthly statements showing they are paying their mortgage, also the taxes and insurance are in their names, but we pay them extra monthly that is to be put in escrow
to pay these, and they are suppose to show regular proof they been paid, they have failed to do so since 2009 and have never shown any proof they've paid their mortgage on this place to their mortgage company, when we have asked them about this and asked for proof, they tell us they don't have to, it is none of our business, even though in contract they are suppose to.
2nd issue: they falsified at least 12 (possibly more) things in the Seller's Disclosure Statement for Residential Property, ranging from the age of the heating/air system, that roof never leaked - but we discovered it had many leaks and they patched/painted over/hid these leaks and evidence of, said there was no plumbing
issues - but we have had replace nearly all the plumbing since we been here, it appeared there was poorly made attempts to fix some plumbing at some point, they said there were no problems with septic and sewage
- wrong, we had to have emptied the first month here it was so badly clogged and full, said there was no problems with sub-floors, walls or ceiling - we had to completely gut out one the bathrooms first year here the tub was falling through the floor and the walls surrounding were so full of mold they had to be replaced also, we are in process still replacing floors through out the house were they are rotting and falling through, and there is no insulation under the house at all, which they said there was (it is a mobile home
btw), the outside exterior had several areas we found they attempted patching were it had rotted out, they said never had problems with termites, we found termites, said no problems with out side drainage
issue or flooding, but there is, said no mold in house, we have found mold in nearly every room in the house, they said there were no broken or unoperable windows - there are 4 windows in house either broken or inoperable, they said carpet never been laid on any damaged flooring, we had too pull all the carpet in house the first month here it spelt like cat urine so bad made us sick - all the subflooring underneath was damaged in areas, which we are in process still trying to replace, they also said the gutters were in good condition, they are all rusted throught and water literally pours down the sides of house like a water fall.
We been trying to fix all these problems since we been here and it is costing us a lot of money we don't have.
Is there anything we can do? Is there any recourse or action that can be taken?