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I am in a lease to own house. I am buying from the owner. She took out a loan against the house after our agreement, she won't sign any papers that say it is mine.she won't fix anything, she is adding interest that hasn't been agreed upon, the list is long. I need to find all my do's and don't's so i can remedy these problems.

2006-07-08 10:06:25 · 7 answers · asked by Spring loaded horsie 5 in Business & Finance Renting & Real Estate

7 answers

honestly, the only way to fix this problem is to leave, ASAP.

if you can prove that she is taking out loans on the property while you are in a contact with her to buy the property, then you have every right to do what it is that you need to do. ( as far as getting the hell out of the property)

every change must be in writing, and if she did not notify you of the changes then you should probably get out !!!

2006-07-08 14:10:59 · answer #1 · answered by danitaandandrew 2 · 0 0

You did not say if you ever signed any rent to own documents before you ever moved in or at attorneys office so it is hard to determine the best option. A part of the rent is to be applied to your down payment on the property and she must by law keep it in a separate account. Your documents should as well state the actual date you must obtain your own financing or pay her off, which should never be under 2 years in my opinion. If you have no such papers then you can either pack up and move or sue if you have witnesses or papers. In most cases unless improvements are specified then it is your responsiblity to do any repairs if you are indeed in a rent to own agreement. Now, if she ever used the words "rent to own" or she denies doing any repairs because you are "purchasing" that property then you got her as that is your proof. Try to get something in writing from her, if not you have to decide your best options..If she in fact did borrow against the property and she signed a contract to sell with you, then in my thinking she is guilty of fraud, which can be a felony, if so then you as well can sue her, the mortgage company she took a loan with as well the title company. If all of this is so, then as well you need to learn what she did with that borrowed money, for example did she invest it in other properties, like houses etc. If so then you could be entitled to foreclosure or settlement on that other property and be entitled to any gains and assests, it can be a long drawn out process with high attorney fees.

2006-07-08 10:46:05 · answer #2 · answered by AJ 4 · 0 0

You've been scammed. Unfortunately this is pretty common. If your lease wasn't recorded against the deed to the property, there's little if anything you can do but sue the owner.

You need an attorney to try to sort this out.

A lease to own should be treated like any other home purchase. The deed needs to be researched to ensure that it is free of encumbrances. Title should be transferred to the buyer, subject to a lien for the payments. This would prevent the seller/landlord from using it as collateral for another loan. You also need to ensure that the lessor has the legal ability to sell you the house. To get this all done properly, you need the services of an attorney.

2006-07-08 10:25:02 · answer #3 · answered by Bostonian In MO 7 · 0 0

You must understand that you are leasing the house- you own it once sign the AOS (agreement of sale) and the deed is conveyed. Did you not take this to a lawyer to review? If not do so quickly...Depending on the state you live in, you are primarly a renter- If you wanted contingencies you should have put them in original agreement, such as- new cabinets, flooring to be leveled, etc. There's so much more but hope this helps

2006-07-08 10:16:59 · answer #4 · answered by chance13 1 · 0 0

Please read this to understand...you are in need of an attorney. If you can't afford an attorney, perhaps there is a legal aid office available to you. Make an appointment with an attorney, now, and have him/her review your paperwork. Your landlord is probably a crook and has done this before. Don't delay, seek the advise of an attorney or a paralegal in your area. Good luck!

2006-07-08 11:59:04 · answer #5 · answered by africawaitsforme 1 · 0 0

Without anything in writing, it's your word against hers. That's really all there is to it.

Now, until you make the actual move to buy, you are still a renter, and renters have rights. You can approach her on that if she is not making necessary repairs (the key word being "necessary").

2006-07-08 10:12:55 · answer #6 · answered by You'll Never Outfox the Fox 5 · 0 0

You are not in a lease to own, you are a renter.

2006-07-08 11:44:08 · answer #7 · answered by Anonymous · 0 0

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