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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27624
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We purchased a house from our previous landlord. We rented

Customer Question

Good morning. We purchased a house from our previous landlord. We rented for 5 years, he offered to be our loan carrier. This was in July 2013, he states because we have been late twice in two years and because we are behind in property taxes that he is seeing a lawyer today to start foreclosure on us. Is this a valid reason for him to do this? Is there something we can do? Ever since his wife has been put in a convelesent hospital about 6 months ago he been hassrasing us, meaning pushing us to sell, or the first time we were late he suggested we turn the house back to us and he'd give us &10,000 to, I believed he call it reconvey the house back to him. Please advise
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Yes, it may be a valid reason to foreclose and it depends on the terms and conditions and language, in the sale agreement. Typically, when payments are missed, the loan will go into default. Then, a notice to cure is given and if the payments are not made, the lender can accelerate the loan and demand payment in full or foreclose. Moreover, if taxes are not paid, the home could be sold under a tax sale and the interest of the landlord, could be at risk, to lose the home. If you can make all the payments current and pay the property taxes, you could cure the problem and save the home. If not, then he can proceed with the legal process to take the home back, as he does not have to accept late payments and wait on past due amounts to get paid and taxes, which put the property at risk

Customer: replied 1 year ago.
We never missed a house payment, and are current . as for taxes, I can't make the lump some amount for 2014, $1600. Can you make payments on taxes
Customer: replied 1 year ago.
Do I have any rights? What if I wanted to sell before he foreclosede
Expert:  RealEstateAnswer replied 1 year ago.

Sorry for the delay. You would need to call the city/county to work out a payment plan on the taxes but they should allow it. As far as rights, you can try and sell it, if there is equity in it. Again, you also want to review the contract and see if it has language which allows a foreclosure in the event of the taxes being unpaid, since the house would be at risk.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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