Sold my house on a land contract and the buyer has not paid one cent, how do I get my property back?: What steps should I take to get my property back and ensure that I am the legal owner? Two years ago I sold this home on a land contract to a family member who has been living there for two years (still does) and never paid anything to me for the property. I would like to put the property back in my name since the contract was not upheld. How should I go about this? And what if the buyer will not sign the property back to me/refuses? Can I get it back in my name without them?
Divina’s answer: Depends on the nature of your agreement, but likely you'll have to foreclose on the property. Check the county records and see if it happens to still be in your name. If its still in your name, then you may be able to evict them instead of foreclose and get it done much quicker. If they are willing to sign a quit claim deed and move - you should offer to give them $1000 to do so if they leave it broom swept clean - with the check or cash being held until they do so. In other words, buy their cooperation so you can get your house back in decent shape.
We are closing on a new home. How do we deal with significantly different appraisals from the builder vs. our lender?: The financing for our new home is based on the appraisal from our lender. This appraisal came in much lower than the appraisal that the builder has. The builder is unwilling to work with us to renegotiate the price or delay closing to allow time to work through things. Consequently, we're expected to make up the difference with an increased down payment. What recommendations would you have?
Divina’s answer: First, its always the lender that is going to control the situation - if they say the home is worth less, than it likely is. The builder's appraiser has EVERY reason to have a higher appraisal, as the builder can't sell the home at the higher price without the higher appraisal. Your contract with your builder should state that closing is subject to your lender's appraisal and approval. If not, and your were represented by an attorney or a real estate agent, you need to be asking why you weren't protected so that your down payment would be refunded if your bank refuses to fund based on the builder's appraisal. I'd be looking to either of these two individuals to be contributing to the closing if they failed to protect you that way. Remember, all purchase contracts should be contingent upon YOUR lender's appraisal - or your appraisal if you have no lender, so that you're not put in this kind of situation. Otherwise, if you represented yourself in your contract with the builder, you may be stuck with paying the difference or losing your deposit.
Can i be evicted for not allowing real estate agents to enter my home with potential buyers if my landlord is not present???: My lease is up oct 1st and my rent is paid is up already but my landlord wants to sell the house. She has put a lockbox on the front door with a key in it to my home so that real estate agents can show the property to potential buyers She is threatening to evict me because i dont want complete strangers in and out my house and told her im going to change the locks i neep help please
Divina’s answer:
As a tenant you do have a right to Quiet Enjoyment of the premises, without interference from your landlord and a right to privacy. This is your home - not a model home.
However, you need to first look at your lease and see if you agreed to allow showings of the home in your lease. If there is no clause that covers this, then you are not required to show the property at all per your lease agreement. Some leases do require you allow your landlord (not a strange real estate agent) to show the property upon "reasonable notice". However, this does NOT obligate you to have potential tenants being shown the property when ever an agent wants to show it - or that the people come in without your landlord - or that this happens so frequently that it is unreasonable you can refuse to do so. And that is exactly what will happen with a lock box!!
Put a letter in writing to your landlord and to their listing agent's BROKER that this is a complete invasion of your right to quiet enjoyment of the property and an invasion of your right to privacy of the premises and DEMAND that the lockbox be removed within 24 hours and if not you will change the locks to protect your privacy. Also DEMAND that ONLY the Landlord is permitted to enter your home and that is ONLY with reasonable notice.
Here is the Indiana Statute that covers your situation:
IC 32-31-5-6
Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
(e) A tenant may not unreasonably withhold consent to the tenant's landlord to enter the tenant's dwelling unit in order to:
(1) inspect the dwelling unit;
(2) make necessary or agreed to:
(A) repairs;
(B) decorations;
(C) alterations; or
(D) improvements;
(3) supply necessary or agreed to services; or
(4) exhibit the dwelling unit to prospective or actual:
(A) purchasers;
(B) mortgagees;
(C) tenants;
(D) workers; or
(E) contractors.
(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.