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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36331
Experience:  Texas Attorney for 30 years dealing in real estate
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After the death of my sister that we purchased a home with

Customer Question

After the death of my sister that we purchased a home with (on contract), we found out that her life ins policy was null & void. Therefore, no monies to pay off the house as she stated would happen for us. We tried to continue to make ends meet and make the house payments. Seeking refinancing, we were not able to obtain, we were advised to continue working on increasing our score, but to not have any further inquiries to our credit score for at least another 6 months to prevent it from bringing our score back down to a level that we worked hard to rebuild. (We had been out of work for 4 and 6 yrs due to health issues.) We finally decided that we could no longer keep up the way we were currently living and gave a notarized letter of intent to return the home to the previous owners. It was sent certified return receipt. A week and a half later (after receiving the return receipts from both the local attorney and the previous owners) we received a polite letter thanking us for letting them know our intentions. In our letter to them, we indicated that we would be moving out over the next few weeks and we would be leaving the original appliances including a new dishwasher, repairs and upgrades, as well as the new central air conditioning system we had installed. We were also leaving the oak entertainment center and television set that they had left. All in great shape and working order. We stated we loved the home and hated to leave. All in all, it seemed pretty amicable and no hard feelings according to the written letter we received in the mail from the attorney.
Due to budgeting cutbacks and such, we eliminated several luxuries, such as internet services and extended television packages to help increase monthly monies during this time of trying to find a way to pay off the house. So yesterday, when I took the time to go to the local library, I found in my email an abrupt paragraph from the same attorney telling us that we needed to vacate the home and sign an afidavit, returning the keys by 4 p.m. this past Monday. Needless to say, we are not completely out of the home. We are paid up to date on house payments and paid through the end of this month. The email was written on last Thursday, instructing that all of this had to be done within the remaining 4 days. Granted we are not in the best of health and battling some major health issues, but still working. Days and evenings off are filled with packing and moving and doctors appointments. We indicated we would be moving over the next few weeks in our initial letter to them. If we are paid up to the end of the month, can they demand we be out within in 4 days via an email? What if I had never gotten to the library until after we are completely moved out. Is an email in this situation even a legal form of communication? Can they demand us out within 4 days when we are current on housepayment? To my understanding if we were being foreclosed on or evicted, the state of Illinois still allows a resident a minimum of 30 days to vacate, not 4 days. Please advise.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.
Hi and welcome to JA. Ray here to help you today. If you are the titled legal owner here and you are current on the payments they cannot force you to leave here without foreclosure and then an eviction suit.,I would respond to the lawyer and tell them when you would be actually vacating and that can be the end of the month. They appear to be bluffing h ere, no default has occurred other than your letter so follow up here and give them a realistic date.Since you are not yet in default on the note you should have until t he end of the month or whenever you default.I think they are trying to hurry you out here when there is no legal basis for that other than your first letter. Email them with a date you will be leaving here even if iti s the end of the month.Make sure you can make this date. I appreciate the chance to help you today and wish you the best.
Expert:  Ray replied 5 months ago.
If you can positive rate when we are done it is always much appreciated.

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