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I got into an agreement with an acquaintance to make the…

Customer Question
I got into an...

I got into an agreement with an acquaintance to make the payments she was behind on a home and I would move in and take over the payments. She did not asked for any other monies down. She did not want the house to go on foreclosure. I told her that I would not be able to finance under my name until I finished paying my CC debt and she said she had no problem with that. We've replaced many things in the house since they

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Have been breaking and we are about 25,000 plus already spent in repairs. It is 2 years later and now she says either I secure financing or she's taking the house back I applied at PenFed and was denied. I

Lawyer's Assistant: Has any paperwork been filed?

'I've applied to Zeus Finance a company that works with people that have not been able to secure financing from other banks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Now that lady has a lawyer working with her and has requested 10,000 be added to the loan amount and after I was denied from the bank the lawyer says he is adding another 5,000 so in total it will be 15,000 more than our original agreement. Also she denied to her lawyer signing the agreement

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 7 minutes by:
12/31/2017
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,043
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Do you actually have a signed written agreement with the owner of the house?

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Is the deed still in their name?

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Have you finished paying off your CC debt?

.

Is the person trying to evict you or sue you in court?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
I have a signed agreement. I have not yet finished paying my credit card debt completly. The deed is still under their name and the bank. They have not finished paying the home. They had fallen behind in the payments when she approached me and since we knew each other I agreed to take over. At this time, there is not a law suit but I'm sure that if this special financing does not go through, they will try to get me out even though I'm not delinquent on any of my payments
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Ok, then if the agreement was that you had to refi when your debt it paid off, then until that happens, the owner can't force you to do so.

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So you may have to fight them in court if they tried to evict you and force them to try and sue you under a breach of contract claim and then you prove that they aren't able to demand that you refi yet because you haven't paid off the original CC debt..

.

.

thanks

Barrister

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Customer reply replied 1 month ago
But I would have to hire someone to represent me in court if it came to that correct?
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Not for an eviction... but if she sued you under a breach of contract claim, yes..

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Customer reply replied 1 month ago
Ok thanks
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Customer reply replied 1 month ago
But can I sue back for everything I put in the house, if I dont get financing soon
?
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

That depends on what your agreement says.. If it doesn't address it, then if you can't get financed, then you might be stuck out that money because you were putting it into a house that you didn't own and couldn't guarantee you could get financing to buy...

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That is why it is risky putting a lot of money into a house that someone else owns...

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You could counter sue and claim "unjust enrichment" and you should get some of that money back, but that would be up to the judge to determine..

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,043
40,043 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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