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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3077
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We bought a condo through owner finance in New Mexico. We

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We bought a condo through owner finance in New Mexico. We are not able to pull permits because everything is in ownes name and he is uncooperative. If a memorandum of contract was filed with state of New Mexico would I be able to have something to show proof of contract and how do I find out if a "memorandum of contract" was filed in New Mexico on real estate property. Owner says he emailed it to us back in May, but we did search on computer and find nothing from him.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

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William B. Esq. :

The County Assessor's office should be able to tell you whether or not the Memorandum of Contract was filed. If this document was not completed and filed, the seller should complete and forward you another copy (or at a minimum resend you the prior copy he sent you in May) as the purpose of this document is to transfer tax liability to you due to the sale of the property.

Customer:

We signed a "Real Estate Contract" with a person who is owner financing the loan for three condo units in red River New Mexico. He advised us to remodel the inside saying permits are not needed in Red Rver. While we were remodeling, his electrician that he hired came to the condos to look at another matter in another part of the building. He brought the state electrician inspector. The inspector saw us and shut us down. The insoector said that Red River is not under county but under state. We told whoever is registered with the county is the one who has to pull permits and such. We were told this by the state inspector and a general contractor. Jason has refused. In the process of all this we have found that we do not have a signed copy of our contract or any paper work that would suffice for the IRS if we were to get audited to prove that we have agreed to buy the condos. When we emailed him for the information he refused to send us anything saying that he mailed the "memorandum of contract" with the courthouse stamp. He says he emailed it in may. We did not get anything from him. I emailed he that we didn't get it. And I was told that is the only paper I get. He refuses to send that also. so we would like to see how we can make sure that he even filed the memorandum. And we want out of this deal with him. But cant until the units are refixed and yet he refuses to cooperate on pulling the permits.

William B. Esq. :

A title company or escrow company will be able to do the necessary title search to see what is actually recorded with the County (this is a very quick and easy search - it should not cost very much at all).

William B. Esq. :

Regarding the Owner's conduct, it is possible to pursue legal action if you are interested in filing suit - this would be more of a complex matter and you would need to be prepared for a lengthy litigation process (I would recommend retaining counsel).

Customer:

That is what we think he is trying to do. Pretty much suck us dry. Also, would we need to make the condo payments while this is going on? Can we get a title company in New Mexico to do the search or would it need to be a lawyer? we live in Texas. We know personally and saw personally that the other owners including him did extensive remodeling in May in their condos and no one pulled permits. In fact, the inspector die ask we just didn't answer.

William B. Esq. :

Look up a title company in New Mexico (local to the property), this is the best way to get started. If there is an issue with the title - get a local attorney (property attorney with litigation experience) to give you a specific analysis, your fact pattern is somewhat complex, but there appear to be the basic issues of : (1) breach of contract; (2) fraud; (3) unfair business practices; and (4) negligence.

Customer:

Ok Thank you for your help. We were able to do a search online for property taxes and everything is in his and his dad's name who has recently died a the end of June. I have typed up everything that has happened in the last 9 months by event and have put the unsigned copy of the contract and other paper work on pdf for a local lawyer to the property. I just needed the question on the memorandum answered so I know my next step.

William B. Esq. :

Just to ensure I understand correctly - are you asking me for further information regarding the memorandum or are you referring to further information regarding the recording. (I may have missed a question, and I apologize if this was the case).

William B. Esq. :

(By the way it sounds as if the issue of fraud is much stronger - while fraud rarely is found at trial, it is often a very strong motivator for a beneficial settlement, a local attorney can help you plan your strategy).

Customer:

I guess my question was if the property taxes says him and his father, would that have anything to do with a memoradum that we are also owners buying from him?

William B. Esq. :

The memorandum is a document that is filed with the assessors office that shows a transfer of ownership (and thus a transfer of tax liability). Here is a link to a copy of the form: http://www.losalamosnm.us/assessor/Documents/RealPropDeclarationAffid.pdf

Customer:

ok thank you for your assistance and advice.

William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3077
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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