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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55142
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In Iowa is a contract buyer or the deed holder responsible

Customer Question

in Iowa is a contract buyer or the deed holder responsible for an unpaid sewer bill?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning Joy. My name is ***** ***** I look forward to helping you.

There are actually two contractual relationships here. The one between the property owner and the government. And, then the one between you and your contract buyer. The government has the right to look to you as the property owner since their claim relates to the property itself. But, you then have a claim against your contract buyer because between the two of you, your contract buyer is liable. If your buyer defaults, file suit against him. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you the city could only pursue your defaulting buyer, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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