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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My husband and I are carrying a note man that is buying a

Customer Question

My husband and I are carrying a note for a young man that is buying a house in Lawton... The contract was written up by Parr Real Estate in Duncan... The payments are $700 a month and to be paid off in three years. The young man hits and misses the payments.. Two hundred here...Three hundred there... We have to go into Lawton to collect the payments because he never has the time or the money for gas to bring it to us at Central High near Duncan... At this time Nov. 10 He still owes $100 for Oct. and the $700 for November... Last month he asked us to pick up at least $300 at the house.. When my husband was heading for Lawton, the texted and said he was at Lake Ellsworth and would he please meet him at the lake for the partial. My husband did not call me and let me know the young man had gone to the lake so he went out there to pick up $300. The contract read that the payment is due on 1st of each month.. In July he was to get insurance to cover his butt and file at the court house to get the paper work started.. We still have our part of the taxes and the check for legal fees... He still hasn't got insurance nor has he got the other half of the taxes.. He claims that he is not an idiot nor a child and I can not file to get the house back... He paid $8000 down and we paid off the house to have it clear and free in order for him to buy it month by month. Do we have a leg to stand on as far as a breech of contract because he gets further and further behind... I do not have the patience to deal with this young man. He has lots of lawyers fees because he beat up the mother of his children and I didn't find this out until recently... He is way over his head and definitely brought up properly by his single mother as he has not respect for women... My step father bought this house for me and I am wanting to get this straightened out as soon asap. Who can we see to get this matter taken care of.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If he is not paying in full and on time, or carrying insurance as required, he is in breach of contract.

Unfortunately carrying title (also called a "land sales contract") is a little difficult to enforce - these are treated as a hybrid between a mortgage and a tenancy and it can get complicated quickly.

I would recommend speaking with a local civil litigation attorney (speak with one that has at least some experience with land sales contracts - they don't need to be an expert, but they should know what they are talking about). Based on what you are posting here, you should be early enough into your transaction that you may be able to get out of this contract quickly (without having to do a sale of the property). But hiring legal counsel to help guide you through the process will make it go much more efficiently (you will have to pay a little bit, but you will generally save a lot in the long run as you will get your property back more quickly and you will avoid pitfalls such as having the buyer claim an equity interest and forcing a sale).

You may even be able to negotiate a resolution through mediation - but I would still recommend having an attorney there (this person doesn't seem interested in cooperating with you in good faith right now, but having a little more leverage may tip the balance).

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