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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11579
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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relating back to my original question, at the present time,

Resolved Question:

relating back to my original question, at the present time, according to a demand letter from her attorney, i"m 3 months behind, and they are notifying me that they are implementing a cancellation of the bond for deed. i wasgivin 45 days from the letter dated May 28, 2013, to pay in full 1300.05 or it will be cancelled. so my question to u is, can the overages that i was forced to pay, be applied to clear up this debt, to stop the cancellation process???
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Did you ask a previous question and this question relates back to that original question?
Expert:  Law Pro replied 1 year ago.
I went and looked at your previous question which was:

i have a bond for deed for land i'm purchasing. my land note is 408.35 a month, with noprepayment penalties. the Grantor has a morgage on the land, her payment is 446.00 a month to a finance company. 4 months after said instrument was in effect, the Grantor was incarcersated. the finance company forced to pay her note(446.00). said amount put me in the postion of having to pay an additional 37.65 per month for length of her incarcerated of 36 months. Can i legally apply this forced overage(1,355.40)towards present payments due?

 

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Country relating to Question: United States

This question is:
relating back to my original question, at the present time, according to a demand letter from her attorney, i"m 3 months behind, and they are notifying me that they are implementing a cancellation of the bond for deed. i wasgivin 45 days from the letter dated May 28, 2013, to pay in full 1300.05 or it will be cancelled. so my question to u is, can the overages that i was forced to pay, be applied to clear up this debt, to stop the cancellation process???

Are you making the payments (and paying the additional amount) OR how are you allegedly 3 months behind?

Customer: replied 1 year ago.

yes i have been making payments, i am no longer forced to pay the extra amount, due to her release from prison in january2013 on parole for 6 more years...i was unable to pay March, april, and May on time. On May 9th i attempted to pay March"s note, at the finance company, where i had been paying for the 36 months prior. I was informed by them that had been instructed by grantor to refuse any more payments from me.I immediately went to the post office and sent the payment to her via certified mail return receipt requested. the post office returned the letter to me as unclaimed. On June 7th I attempted the same process for april's payment and I'm awaiting resolution. since she is trying to cancel the bond for deed, i would like to able to use the overage to put me current. Can i legally do this???

Customer: replied 1 year ago.

where is my answer, i'm trying to go to bed

Expert:  Law Pro replied 1 year ago.
You are wanting to use the past "over-payments" in lieu of making the current payments - correct?
Customer: replied 1 year ago.

yes, can i do this? so i can stop the cancellation of the bond for deed

Expert:  Law Pro replied 1 year ago.
Regretfully, no you can't do that. That although you have made "additional" payments or payments above and beyond the contract - those additional payments reduce the principal but don't/can't prevent the cancellation of the bond for deed.

Because you have to make those minimum payments at a minimum even though you paid additional monies (more than the contract required) in the past.


Can you become current in your payments by paying a "lump sum"?
Customer: replied 1 year ago.

dr paulMJD


 


responded to my question and said that i can indeed use my forced overages to become current on my bond for deed, provided my contract doesn't specify to be held for taxes or insurance, which mine does not... I was forced to pay the overages, not what we agreeded upon in the bond for deed, because she has a previous mortgage on land to a finance company. I agreed to pay in my bond for deed 408.35 per month and her previous mortgage is 446.00 per month, well 4 months after signing the bond for deed is got incarcerated for36 months and i was forced to pay this extra37.65 per month to the finance company. now i'm behind and she has sent me a demand letter from an attorney to cancel the bond for deed, i want to use these forced overages to become current on my note. Why do u say i can not? when another attorney from your website said i could??

Customer: replied 1 year ago.

i don't understand why i cannot use my forced overages to cure my breech for my bond for deed, it does not say anywhere in my bond for deed anything about overages, i should be able to use these towards current payments, the other expert on your site said as long as my bond for deed does not say anything about holding them for taxes or insurance, then i could certainly use them to cure the breech and to become current, please remember that i did not chose to pay this xtra money, i was forced to, to keep my land while she was in jail...

Expert:  Andrea, Esq. replied 1 year ago.

Dear Cheri, I Answered your other question and as I calculated it, you made a total of $1,355.40 in overpayments. Therefore, if the Grantor or the Grantor's Attorney is demanding a "lump sum" payment for the three months that they claim you are in default, you should inform both of them that you have already made this lump sum payment and they cannot refuse the payments you are now attempting to make simply to place you in default and cancel the Bond for Deed Agreement. You should also inform them in your letter that if they continue to refuse your payments, they will leave you no alternative but to file a lawsuit and demand all damages you sustained as a result of their refusal to accept payments since you are not in default.

 

 

 

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Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11579
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Andrea u r awesome, thank u very much for your answer, but i still have one last question for u, which is, she hasbeen harrassing me almost since day one of this bond for deed, what happens or what can happen to her if she continue to cause more trouble for me? or what i'm really asking is can she get in trouble if she is in breech of contract? if it continues what can happen to her???

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