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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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10 years ago my Ex-Wife and I had entered into a Land

Customer Question

10 years ago my Ex-Wife and I had entered into a Land Contract in WV with an individual and then we moved to NC. After the divorce we both continue to live separately in NC and neither of us have any intention of moving back to WV.
The lease:1) Stipulated he could not sublease the property, He not only did sublease it, he entered into a Land Contract with the person he subleased the house to sell her the house/property. Then she rented the house to a third party that has allowed to it to go in very poor condition. 2) It required that he makes the regular payments until the mortgage was satisfied, HE STOPPED making payments with a remaining balance of $2,000. 3) My Ex-Wife paid the $2,000 balance to satisfy the Bank and repair/ protect her credit 4) She offered sign the property over to him if he would
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 11 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Only part of your information has come through on this end. Please review the information posted and supplemented with anything that's missing. I look forward to further discussion.

Best,

Attorney 1

Expert:  Attyadvisor replied 11 months ago.

I am a different attorney and I am not sure that I completely understand the facts or your question. I think you are telling me that your ex violated the terms of the land contract as well as the divorce settlement agreement. Are you wanted to take action against the seller on the land contract? Please provide a little more information. Thank you.

Customer: replied 11 months ago.
I am not interested in speaking to an attorney (at least not until I receive the initial response), I would just like a written response to the situation below, which I have written again below, Thank you.
10 years ago my Ex-Wife and I had entered into a Land Contract in WV with an individual and then we moved to NC. After the divorce we both continue to live separately in NC and neither of us have any intention of moving back to WV.
The lease:1) Stipulated he could not sublease the property, He not only did sublease it, he entered into a Land Contract with the person he subleased the house to sell her the house/property. Then she rented the house to a third party that has allowed to it to go in very poor condition. 2) It required that he makes the regular payments until the mortgage was satisfied, HE STOPPED making payments with a remaining balance of $2,000. 3) My Ex-Wife paid the $2,000 balance to satisfy the Bank and repair/ protect her credit 4) She offered sign the property over to him if he would write a check for the balance paid the bank of $2,000. He refused and says he has washed his hands of the entire deal.
QUESTION: The bank signed the property deed/title to my Ex-Wife. How or what steps would you suggest going forward to evict, reclaim and secure the property from the second party and the current tenant?
Expert:  Attyadvisor replied 11 months ago.

I am an attorney and I was not going to speak with you I was just trying to ascertain the facts needed to answer your question. Are you telling me the seller breached the terms of the land contract or has your ex spouse entered into a contract with a party that is beaching the contract? What is your interest in the propery since title is the name of your ex?

or the purchaser of the land contract is breaking the lease? If your ex has title what is your interest in the property?

Customer: replied 11 months ago.
The basic question is: 1) Because he (the purchaser) did not completely satisfy the bank mortgage, can the contract be ruled null and void without returning the money he paid? 2) Because he (the purchaser) subleased the property to a 3rd party, can the contract be ruled null and void without returning the money he paid? He and his subleased person allowed the nice little house fall into disrepair and a fair amount of money would be necessary to repair the inside and outside of the house.
Expert:  Attyadvisor replied 11 months ago.

Got it. Thank you for the clarification. If you can attach a copy of the contract it should set out the remedies of both parties in the event of a breach of teens. Do you have a coot that you can attach?

Customer: replied 11 months ago.
I will have to do that tomorrow or later this week.
Where would I forward it?
Expert:  Attyadvisor replied 11 months ago.

Just return to this question and we can discuss the terms and the options available under the terms of the agreement signed by both parties.

Expert:  Attyadvisor replied 11 months ago.

You would attach a copy of the agreement to the paper clip icon.

Customer: replied 11 months ago.
I will do that tomorrow or later this week
Thank you,
Expert:  Attyadvisor replied 11 months ago.

Perfect. I will keep an eye out for your agreement.

Customer: replied 11 months ago.
This attachment box would not accept the requested contact as an attachment I have received the following ERROR message: "Sorry – the file is too large. Please try a file 5MB or smaller".... What should I do?
Expert:  Attyadvisor replied 11 months ago.

The site just sent me an attachment. Did you email the site? Let me check if it is the land contract. Thank you for your patience.

Expert:  Attyadvisor replied 11 months ago.

Can you tell me if you emailed the site?

Customer: replied 11 months ago.
I did e-mail/send the attachment because I did not see a "Paper Clip" or attachment icon to attach and the (+Add files) would not accept the file as I mentioned in an earlier response..
If you did not receive it, let me know and send me a normal e-mail address to directly send it to.
Expert:  Attyadvisor replied 11 months ago.

Please email it again. I had notice of an email but no reference. Reference this link http://professional.justanswer.com/chat/index/f3ccf823d16c48398ff46b6029cad47d

Expert:  Attyadvisor replied 11 months ago.

Tell them it is for attorney2

Customer: replied 11 months ago.
Please forward the attachment I forwarded to you to Attorney2.
Expert:  Attyadvisor replied 11 months ago.

Did you send the email to the website email address?

Customer: replied 11 months ago.
RE: Account # ***** and Order ID# ***** 01/13/2016
I am completely unsatisfied with everything aspect of this experience and I would like a full of my money immediately.
I have not received any information from either Attorney 1 or Attorney 2 and it is impossible to communicate and/or respond to anyone directly or indirectly. Sincerely, Ron
Expert:  Attyadvisor replied 11 months ago.

There should be a customer service drop down menu for you you to contact the site. In the meantime I have contacted customer service on your behalf to request a refund for you. I am sorry that you had difficulty with the site. Thank you for using JA!

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