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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19319
Experience:  B.A.; M.B.A.; J.D.
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I'm buying my home threw a home Owner Finance years, started

Customer Question

I'm buying my home threw a home Owner Finance for 10 years, started April 2010. I am current on Mortgage & Property Taxes. There is an agreement that I will carry Home Owners Insurance I did so until the dropped me until I got my roof fixed. It leaked real bad because when they put it on they did every thing backwards. The leak had gotten worsted threw the years that one day my ceilings fell down in 2 rooms, I cleaned that up & removed the carpet - called home owners. They eventually stated that they would not cover it because a tree limb did not go threw my roof. several weeks later they stated that they would not give me any coverage until My roof was fixed. Unfortunately there is no other Home owner insurance for this area & age of my home 1974. I was finally able to get my roof fixed along with my floors, front door & Central Heat & Air conditioning. in order to get home owners again they stated they had to do a certain inspection that will cost me $180.00 something for the inspection. Unfortunately I do not have I do not have the money for this due to Property Taxes due & constant car problems. I did not know until after my purchase of the home that Joyce's son Denny is on my well (Recently discovered he is also on my septic) The 5years I have been here my well has broken 4 times. The first time my Electric was almost $600.00 for the month, the next month I t was almost $500.00 for the month-this month is when I realized my well had never turned off for several days, then found out it was broken.so I had to pay those Electric bills, fix my well & Electric company doubled my security deposit that cost me another $250.00. I had found out that the problem was a broken pipe under Denny's house. A year ago my well broke again I had asked Denny & his roommate Jose to check for any broken pipes or leaks. They each had told me - NO, No BROKEN PIPES OR LEAKS. I fixed the well again, a few days later I had to fix it again because the bladder had broken because its supplying for 2 house holds I needed a Bigger one. Once that was fixed I noticed my well wasn't shutting off again & when I listened I could hear water running from Denny's place so I walked over and could easily see a broken black PVC pipe with a lot of water coming out of it. so again I went & turned my well off. when he got home from work I told him about it-he said OK. I returned a little later he stated that it was his Wax ring to his toilet needed replaced. I pointed out to him that this has nothing to do with his wax ring, I stooped over & pointed to the pipe & said this is the problem. in the beginning when his Mother told me he was on my water. She asked if that was/would be a problem. I stated I don't really know because every where I lived I was hooked up to City sewer, water & trash. she then offered me $25.00 a mo. for him being on it- so I agreed. Denny has now had a roommate for over 2 years, closer to 3years. at one point he had gotten another roommate so now I have 3people on my well. I had a meeting with his Mother over 3years ago & she stated at least 5 times in that meeting, that Denny has his own septic. I can tell you I have watched several times Denny's washing machine running & every time it was spinning/ draining water was coming from one on my pipes & it had a faint Oder of my septic to it. I have now paid $650.00 for a land survey of my property showing all of my property & that the Well is mine, half his property is mine & a his shed is on my property. his grandmother owned all of this when they hooked him up to every thing. I am trying to plane & take care of my future. I have cut down on every thing I can possibly think of. my dogs was getting a bath 1/2 times a week, I did laundry 1 a week, dishes daily, showered once a day. to cut down on my electric my pets get maybe 2 baths a year, I do 2 loads of laundry a month, shower every 2 or 3 days, dishes every 2 or 3 days. I cant think of any other way I can cut down on anything. I get very aggravated when I look over & see Jose watering the very top of a palm tree that's not even on there property. I'm not his Grandmother or any kind of relationship. I no longer want him on my Well or Septic & I want position of the property that is truly mine. I have less then 5yrs to keep paying his mother for this property & want to do this as peaceful as possible. I don't feel that its fair I have cut down in every way possible while paying the electric every time the shower, flush the toilet, do dishes, make coffee, brush there teeth, wash the truck, Landscapers doing thee Laundry. I am on Social Security Disability so my income is very minimal. I need a Lawyer to help me take care of this situation the proper & Legal way that it needs to be done.
Sincerely,
Barbara XXXXXX
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello Barbara, since you are still under contract with his mother, you need to tell his mother that enough is enough. That he needs to get his own water and sewer system or call the City to get on the City's municipal water and sewer. That you also need to be compensated for paying his water and sewer bills. $25.00 a month is not adequate. If the mother ignores you or refuses to do anything, then you need to get a real estate litigation Attorney to assist you with the case.

You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

Customer: replied 1 year ago.
My problem / fear with that is I had this friend do some checking for me about 3 or more years ago & he told me that his property isn't large enough for a well. he even told me then that he probably is on my septic to. see how I now have the whole story. his Mom & Dad bought that little piece of property off of her Mom, but the property was to small so they went & bout 2 or 3 acres down the road. then there son owned his own Mobile home but not any property so they told him to move it here. they hooked him up to Grandma. when Grandma died she left the place to his Mom & Aunt so that's who I'm buying it from. I'm very afraid with out a lawyer she is going to do what ever she can for her son & make my life miserable. she already gives me a little stress about other things. I don't want this to be difficult but I don't know the laws here in Florida & or my rights. in the past when I've had meetings with her, she gets a little aggravated then it gets hard to talk to her about what the meeting was intentionally for. This is why I'm thinking Legal Aide or something because then she can't make this any harder on me or make it impossible for me to continue with our deal. I guess to sum it up, I'm in fear of her or what she can do that I'm not a wear of or know how to handle it. I'm a little afraid that when I say something about it she can easily turn around & sell it outright to someone else & not have to deal with me. I'm on Social Security Disability & it's hard to find a place you can afford by your self & if I lose this place I'm going to be homeless again. Not that I'm old but I AM TO OLD FOR THAT. I'm not sure if I explained everything correctly or enough. I'm not meaning to waste any of your time, I'm having a lot of trouble with my computer, some how I got to my emails today. Maybe it would be quicker & easier to talk on the phone. if so here is my # ***** I will just keep trying to get to my email again. xxxxxxxxx Sincerely, Barbara
Expert:  Phillips Esq. replied 1 year ago.

Barbara, this is why I suggested that you get an Attorney and even provided links to web sites that you can use to find an Attorney. If her son is going to be using your septic system and water, then you should be properly compensated and that you should be written into an agreement.

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