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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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I RESIDE IN PHX. AZ.IN SEPT 2013 I SIGNED A HOME PURCHASE CONTRACT

Customer Question

I RESIDE IN PHX. AZ.IN SEPT 2013 I SIGNED A HOME PURCHASE CONTRACT WITH A PRIVATE LENDER.IN SEPT. 2014 I FELL BEHIND 2 MONTHS IN PAYMENTS PUTTING ME IN DEFAULT.AT THIS TIME I WAS INVOLVED IN AN ACCIDENT AND COULD NOT WORK.I COULD NOT MAKE NOV. OR DECEMBERS PAYMENTS.IN JAN 2015 I SIGNED A LIEN FOR ALL PAST DUE PAYMENTS AS WELL AS THREE FUTURE PAYMENTS FOR JAN.,FEB., AND MARCH TOTALING 9600.00 TO MY LENDER FROM MY UPCOMING ACCIDENT SETTLEMENT.IN APRIL 2015 MY LENDER WENT TO CHICAGO UNANNOUNCED AND DID NOT RETURN FOR A COUPLE OF MONTHS. DURING THIS TIME I ATTEMPTED TO REACH HIM ON SEVERAL OCCASIONS TO START MAKING PAYMENTS BUT HE WOULD NOT RESPOND.WHEN I FINALLY MADE CONTACT I WAS 3 MONTHS BEHIND IN PAYMENTS.HE IS DEMANDING 4000.00 WITHIN 30 DAYS OR I LOSE MY HOME.HE AVOIDED ME SO I COULD NOT MAKE A PAYMENT EVEN AFTER I SIGNED A LIEN FOR 9600.00 I DO NOT HAVE THE 4000.00 AND HE DOES NOT WANT ANY LESS AND WILL NOT WORK WITH ME WHAT CAN I DO?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
You should take the proactive position and file a lawsuit against him asking the court to make a declaratory judgment that you are not in default on the loan and that you do not owe the $4,000 demanded but only owe what the two of you agree to. You can get the judgment under Arizona law and then he cannot put your house into foreclosure and you will be safe and only required to make those payments that you agreed to make.
Good luck to you. I wish you all the best.

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