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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I would like a lawyer to defend against a lawsuit filed by a

Customer Question

I would like a lawyer to defend against a lawsuit filed by a disgruntled tenant who is purchasing a house from me with owner financing started on November 2004 and will expire on November 2016 in the amount of $310.00 per month. The tenant is now complaining that of the amount of interest paid to me for 12 years and has brought a suit against me for interest repayments. I need to answer to the plaintiffs Original Petition within 20 days.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ellis County, State of TX (Dallas)
JA: Has any paperwork been filed?
Customer: I was serve today the lawsuit from Ellis County Couty Court
JA: Anything else you want the lawyer to know before I connect you?
Customer: well, they would need to know the case
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 8 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 8 months ago.

On this website, we aren't supposed to "represent" our customers, but rather give you information and education. I can tell you that you definitely need to answer the lawsuit within the time period stated. Normally, you answer needs to, at a minimum, refer to each numbered paragraph in the Complaint, and state whether you "Admit" or "Deny" each numbered allegation. Does that make sense?

Customer: replied 8 months ago.
that I am very much aware. I must answer to the court with time they specified
Expert:  AttyHeather replied 8 months ago.

How else can I assist you today?

Customer: replied 8 months ago.
Maybe it would be best for me to walk into an attorney's office since I noticed this process will continue be mounted to additional fees for information I am already aware of.
Expert:  AttyHeather replied 8 months ago.

You are not charged additional fees on this website for asking me followup questions. Let me know what you would like to do.

Customer: replied 8 months ago.
A loan contract was initiated in November 2004 and accepted and signed by loaner and the borrower for a duration of 12 years or 144 months which would be terminated on November 2016.The borrower made the contracted payments each month. However, the borrower has not paid the September, October, and November 2016 payments because the borrower has now filed a lawsuit against me claiming there is a breach of contract in the contract and claimed to have overpaid the loan several years ago.In the borrower's lawsuit against me it stating these premises:
1. A recalculation of the loan by the borrower on August 15, 2016, of the $12,000 according to the written terms of the mortgage loan agreement $12,000.00 at 16 percent interest per annum that shows a monthly payment of $255.00 for 144 months. However in the recalculation by the borrower, $12,000 loan amortized at 16 percent for 144 months results in $187.90 per month, not $255.00 per month as express in the written agreement. Because the borrower has paid $255.00 per month for 141 months made the loan to be paid off in 75 months on 2/1/2011. The lawsuit claims that the borrower has overpaid 66 months in a total of $16,830 and demand a refund.
2. The borrower also claim in the lawsuit that $55.00 per month was paid to cover the taxes (This was addendum a few days after the agreement was sign stating the $55.00 is a loan management fee) The lawsuit claims that since the borrower paid $55.00 per month for taxes in a total $660.00 per year, but in reality the tax is only about $200 per year. In this case, the borrower has overpaid $5,520 for taxes and demand a refund in the lawsuit.
3. The borrower also claims that I have not given the borrower an annual tax account required by section 5.077 of Texas code and is requiring me to pay $250 per day starting from 2/1/2005.
4. The borrower claims I breach the contract because I did not turn over the title of the property to the borrower after the loan was paid off on 2-1-2011.
5. The borrower claims I committed Statutory Fraud in a Real Estate Transaction.Let me explain. In the original contract, the borrower signs the contract for $310 per month for 144 months. The borrower was given the documents to take to a legal advisor before signing. The borrower was satisfied with the agreement when signed the contract a few days later.
However, inside the installment loan papers, there is a detail in the contract that stated the loan amount of $12,000 with a repayment of 16 percent interest. This was a miscalculation when the contract was created, but it clearly shows in the contract a monthly payment of $255 toward the principle and interest plus a loan management fee of $55 per month totaling a monthly payment of $310. The borrower brought this to my attention in August 2016 and now have not paid the remaining payments, but file a lawsuit for a refund of the alleged overpayment of the loan.
Is there any recourse for me? How to apply the statute of limitation to this contract. Another possible recourse is "The contract itself fully stated $310 per month for 144 months and the borrower agreed and signed it at the beginning of the loan.
Nothing has changed during the period of the contract. The borrower had 3 days to look over the contract and with the option to refuse the agreement but accepted and signed it.
I need your evaluation and recourse.
Customer: replied 7 months ago.
Ok, I will give this another try. Here is my question: Let me know if applicable where can you apply the statute of limitation defense. Lets say the Plaintiff signed the loan contract on 11/1/2004 after reviewing the stipulations in the contract and agreed to all the requirements in the contract. However, the plaintiff stated before signing, that the interest rate and the payments amount do not equal that what is should really be, but go ahead and signed the contract and began to make the monthly payments of the amount what is stated in the contract, but the payment amount is more than what the percentage calculation should be. Can the plaintiff have ground after 5 years to file a lawsuit claiming that they have overpaid the loan and need a refund even if it is over the 4 years statute of limitation? Question 2. Lets say that after 6 years paying on the loan the plaintiff comes to you and said, I should have paid off the loan on 2/1/2011 because I the plaintiff have re- calculated the interest on the principle amount and my recalculation shows the loan should be been paid off by 2/1/2011. However, after debating with the lender that the loan is for 144 monthly payments instead of your 75 monthly payments as you recalculated the plaintiff continues to make the montly payments. Then after the 141 payments the plaintiff files a lawsuit claiming that they have overpaid the loan and want a refund. Can the statute of limitation be a defense here for the defendant, that you saw the harm on 2-1-2011, but you continued making your payment and now you filing for a refund on 11-1-2016? Is that a statute of limitation defense here for the defendant?

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