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Posted about 1 year ago.

We purchased the house for $55,000 our percentage is 8% and our monthly amount is $410 ( not including the land tax that we pay with it.) If I've done my calculations correctly, we have paid well over the 20% in the five years we've been there. What rights does that make us entitled to?

R. Russell O'Rourke
R. Russell O'Rourke, Contracts / Agreements Lawyer - Cleveland, OH
Posted about 1 year ago.

The primary difference is that to take the property from you, if you have paid less than the 20% or have been paying for less than 5 years, they can merely evict you like a tenant. If you have gone over that amount, they have to foreclose on the property, which is a longer, much pricier process and will possibly end up with someone else buying the property at a sheriff's sale. The court may be helpful in keeping you in the house. Also, if they have accepted late payments before, depending on your contract, they MAY have waived their right to force you to keep current now without giving you a chance. is there anyone you can borrow the money from to get him current? Is he still talking with you?

I suggest that you hire a local attorney to help you NOW. You calling the owner may be met with less seriousness than a lawyer calling. You might check with the University of Dayton Law School. They have a Law Clinic where law students under the supervision of a professor help clients for free. They may have a program that could help. I don't know if there is a program over the summer, but call and see. Also, since you don't have the extra cash to hire an attorney (if you did, you would just pay the balance), try the local Legal Aid. Given your circumstances, you may qualify for free assistance. Whatever you do, don't delay or the house may just slip through your fingers.