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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118127
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The city wants to purchase part of my land storm drainage

Customer Question

The city wants to purchase part of my land for a storm drainage project and they have offered $7,175.00 but they said that this money would have to be sent to our morgage company, If we accept $5,000.00 than the check would be wrote out to me. Does this sound correct.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no law mandating they pay the money to the mortgage company, this is something they are coming up with on their own accord. You have the right to negotiate your own deal for sale of the land to the city. You are paying for the land to the mortgage company and are entitled to sell some off, because you are still paying the mortgage. Any such offer by the city to pay the mortgage company is their own decision and something you can negotiate. If you do not come up with an agreement, while the city can condemn the land and take it through the condemnation process, this also could cause you to take them to court and stop them from doing so based on the fact that if they pay the money to the mortgage company, you are still paying the full note on the full amount of the property, so you really are not being compensated and it is a taking without due process. Of course, the counter argument would be that paying the mortgage company reduces the total you have to pay and that is why they can pay the mortgage company, but that is not a law and again it is discretionary to the city.