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I bought a home and let a person live in it. to buy they

Customer Question
i bought a home and...
i bought a home and let a person live in it .for option to buy they have been in this home for 5 year and they can not qualify to buy the house and they refuse to leave and a judge
say they do not have to i want to sale my property
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 1 minute by:
12/29/2015
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 28,685
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good evening. Can you share with me why the Judge said they can stay? Are they renting from you? Is there any written agreement that would allow them to stay?

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Customer reply replied 1 year ago
THEY ARE PAYING THE NOTE ON THE HOUSE
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

Is title to the home in your name? Are they on the loan or are they paying you the amount on the note as rent? What was the purchase agreement? Was this a rent to won type deal?

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Customer reply replied 1 year ago
THE TITLE IS ONLY IN MY NAME ONLY WE WENT TO A LAWYER WHEN WE MADE UP A AGREEMENT FOR HER TO PAY THE NOTE UNTIL SHE COULD QUALIFY WITHE 1 YEAR THE LAWYER TOLD HER THIS DOES NOT MEAN YOU OWN THE PROPERTY AFTER 5 YEAR I WANT TO SALE THE PROPERTY AND GET THIS OFF MY CREDIT REPORT
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

The agreement which was signed and entered into by you and her, is going to control. As such, if she had 1 year to qualify for the loan and buy the home and did not, then her time to perform and require you to sell, would have expired. With that being the case, she would have breached the contract and since she can not buy it, needs to vacate if you sell it. You would need to evict her and no longer accept her paying on the note and show the Judge that while this was a rent to own type of agreement, she had 1 year to perform and obtain financing and has not. As such, you want to evict her, since the home needs to be sold.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 1 year ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer 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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RealEstateAnswer
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Category: Real Estate Law
Satisfied Customers: 28,685
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Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

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