We relocated to South Carolina only a month ago and the buyer wont return calls or pay the payment! A neighbor told us we can call his commanding officer and have his wages "alotted"? Anyone know anything about this or what I can do? If he doesnt pay I will lose the house since he only gave $3000 down and promised the rest in a few months....dumb on our part I know but we were pretty desperate to move. Any help would be appreciated!
2007-10-16 13:58:44 · 5 answers · asked by Spreading Good News! 2 in Business & Finance ➔ Renting & Real Estate
The answer is not simple without a dozen questions being answred by you. First and foremost what kind of contract do you have and was it recorded at the courthouse?
You can start to foreclose or evict depending on the contract.
How far behind is the POTENTIAL buyer?
2007-10-16 14:05:29 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't understand Land Contract sales. Are you saying a habitable house can be purchased for $3000 down? If that is 10% then the entire house is $30,000?
These numbers are incomprehensible to someone in California.
According to the SSCRA (Soldiers and Sailors Civil Relief Act) you won't be able to collect while he is "active". Presumably someone stationed in a war zone shouldn't have to worry about making car payments.
You will know he's been activated because he will have a call-up letter.
The commanding officer inquiry is definitely worth a try.
If he does have a call-up letter that should be sufficient to stop foreclosure against you.
Call your local bar association and ask to talk to a lawyer who will give you a half hour consultation.
Good luck,
- CarlD
2007-10-16 21:19:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Dependds on the laws in that State. Here in Illinois we can sue for performance, or start foreclosure procedures which can take up to 11 months! A lot of this depends on how you contract is worded as well.
I'd hire a good Real Estate attorney. Maybe you should try the strong arm approach first and tell them if payments are brought up to date within 72 hours, you will contact the Army and that might be fear enough to make this young man jump!
Good luck to you.
2007-10-16 21:13:31 · answer #3 · answered by RealtorV 3 · 0⤊ 0⤋
No, you can call his commander and ask for help, but, all he can legally do is counsel the solder about paying his debts. You will have to take him to court just as you would any other person that is not paying their legally obligated debt.
I do hope you have an airtight contract with him, if you screwed up the contract, he may end up with the house and you will end up with $3000.00 dollars
2007-10-16 21:08:41 · answer #4 · answered by Jan Luv 7 · 0⤊ 0⤋
Consult your attorney. I thought that there was a Federal law that protected solders called to active duty in time of war. Are we legally at war under this provision?
2007-10-16 22:02:59 · answer #5 · answered by Bibs 7 · 0⤊ 0⤋