I closed back in december of 2005. The seller who happens to be my dad. Hasn't moved out yet. He was paying me my mortgage but till a couple months ago I had to pay out of my pocket. Over a grand a month now. I told him I planned on selling it and I was having a realtor come in to look at the house. He told me that, that wasn't going to happen. I was like yea right....I do plan on going there on the schedule date to have it looked at. But if he refuses to let me into my own home then what is there to do? any suggestions? can i back out of the mortage since the seller hasnt moved out yet?
2006-08-04 09:59:04 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Once the mortgage docs are signed it is a done deal. The only way to get out of it is to pay it off.
Have your father arrested for trespassing.
2006-08-04 10:07:27 · answer #1 · answered by Homer J. Simpson 6 · 0⤊ 0⤋
Did you or your dad sign a use and occupancy agreement at the closing?
Was there an escrow held from his proceeds as assurance that he would vacate in a timely manner?
If your dad has been paying your mortgage or utilities, he is your TENANT now. You will have to handle this through the courts.
This is a civil matter. The police are not going to help you.
You cannot back out of your mortgage. It was YOUR responsibilty to make sure the property was vacant on the day you closed. And if you signed an occupancy affidavit as a condition of your mortgage ... lets hope the bank doesn't find out you never moved in.
2006-08-04 13:50:03 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
In the state where i am, you would have to go thru regular eviction proceedings. Your father is a jerk for doing this and putting you in this situation. DOnt feel bad about having the sheriff remove him, i would also probably file for small claims against him if there are any damages. It is legally your home, if there is no rental agreement you will probably just have to wait out the eviction process, and it wont be pretty.This may also hurt you as the mortgagee, because if you bought the proerty as an owner occupant, they can legally most likely call the loan due and payable if you are considered being a landlord! Good Luck!
2006-08-04 10:31:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Since you are the owner, he has NO legat right to be in or decide the outcome fo the house, he is paying rent to you, which covers the morgage.
Hate to say it, but you can bring the Police into the issue, they can force him into allowing you access into the house and even remove him from the home. You can also take him to court and have him removed.
Again, since you are the owner, with the morgage and the deed, you are the only person who can use the house unless you desided to allow others, he is a trespasser and a theif if he won't give you the house you paid for. Simpel as that.
My advice, Call the Police.
2006-08-04 10:05:35 · answer #4 · answered by theaterhanz 5 · 0⤊ 0⤋
You need to contact a lawyer who specializes in this stuff.
A court order will likely be issued for him to vacate the premise since you have title to the house (right?).
You could try the police (be sure to have your paperwork ready to show them), but they may very well suggest you contact a lawyer rather than forcing him out.
Be careful that you don't over react and start putting his stuff on the street...remember that everyone has some rights and you need to take care not to trample his. One step at a time, and it starts with you getting a lawyer.
There are plenty of lawyer referral agencies everywhere - look in the yellow pages for assistance.
2006-08-04 10:05:45 · answer #5 · answered by dm_dragons 5 · 0⤊ 0⤋
If you've closed and the home is in your name with the County Recorder, just have him evicted. Unless he has a written document allowing him to be there at any time, such as a lease,, he's trespassing. You can legally enter at your convenience, and do whatever you want. I'd start with turning off all the utilities.
2006-08-04 10:20:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
in case you purchased the domicile and he left the stuff after shifting out, then he abandoned it. Legally the stuff is yours. verify your community rules about abandonment to make certain that the right time has elapsed without be conscious from the article's previous proprietor. yet your submit means that some months could have exceeded and also you'd be probability-free to say the stuff is yours. once you're renting the domicile then legally the stuff belongs to the owner and it truly is his accountability. by ability of how, do not only trash the stuff. placed the stuff up on the marketplace on Craig's record or eBay. previous vehicle aspects are continuously wanted by ability of someone. even if you in easy words supply it away it truly is going for use and could no longer take in land fill area. no less than detect a salvage backyard or a scrap metallic backyard to take the aspects.
2016-11-28 02:53:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
See an attorney to get the seller evicted. Sorry that it's your dad.
2006-08-04 10:07:52 · answer #8 · answered by kearneyconsulting 6 · 0⤊ 0⤋
If you have already signed the documents and closed you cannot back out. You will have to take legal action.
2006-08-04 10:03:47 · answer #9 · answered by educated guess 5 · 0⤊ 0⤋
1st is the property deed in your name and not your dads?
if so then did you have a verbal agreement with your dad for possession? or in writting...
you can contact the sheriff's department and have them deliver notice that you want him to move.
Good luck...
2006-08-04 10:08:54 · answer #10 · answered by Scott 6 · 0⤊ 0⤋