Just when things start to look up....

Nikki88

New Member
So difficult child has been doing wonderfully the last few weeks, the medications are really helping her. We still need to keep things as consistent as possible for her.
We had just moved into a new house the end of January, perfect location for us, right near the school, safe neighborhood, and owner financing. When we moved in I gave them 2 months of payments- this was to go towards the taxes on the house (1000 that I was told were not paid) and the insurance for the year 500. So I get a call this morning and was told that they are filing bankruptcy, and we are paid up until the end of the month and have to be out. When we moved in the two bedrooms downstairs needed to be finished- wired for heat and doors put up, they were suppose to start work on that the next week- 2 months later and still nothing done.
So I look up the taxes online just a bit ago, and find out that they are 585 for the year, and were paid back in Dec- a whole month before we even found the house.
Now I am flipping out because we have 2 weeks to find a place, and honestly with all of difficult child Dr's appointment's at 30 a pop, we don't have any extra money for a deposit, and a move is not good for difficult child. And i'm ticked that we basically got scammed!

UGHHHHHHHHHHHHHHHHHHHHHHH
 

DaisyFace

Love me...Love me not
Nikki--

That stinks!!!

Did you sign a lease? If you have a lease, I'm pretty sure that even with a Bankruptcy filing they can't just ask you to leave that way...

AND if you have proof of what you paid, you should have some legal recourse if they were trying to scam you.
 

Nikki88

New Member
Nikki--

That stinks!!!

Did you sign a lease? If you have a lease, I'm pretty sure that even with a Bankruptcy filing they can't just ask you to leave that way...

AND if you have proof of what you paid, you should have some legal recourse if they were trying to scam you.

Yeah, we signed a lease. And in the lease it states that the taxes are 1000 a year- our county website says otherwise, it also says that the money given was to pay the taxes and insurance.
So something is most definitely shady. I just hate this for our kids. And for me, cause it's a whole lot of stress.
 

DDD

Well-Known Member
I have no experience in this situation but as a retired Realtor I sure "think" that you have a way to at least extend the time frame for relocation. Do make some phone calls and verify your rights and theirs.

on the other hand I get a smile every time I read that your difficult child is responding so well to the medications. Sounds like you are actually a lucky family. Hugs DDD
 

Hound dog

Nana's are Beautiful
I'd make those phone calls too. Honestly.........they can't force you to move unless they go to court to do so. And that takes about 3 months. So take deep breaths, try to fight the panic down and make those calls.

Bankruptcy takes MONTHS. Filing should not throw you out of the house. It *might* be.........you could work with their loan co, if they still have a loan out on the house and rent from THEM and not move at all. Heck, in this whacky horrible economy you never know, a loan co may jump at the chance of having a paying tenant in the home instead of it standing empty and not selling. And the loan co will not make repairs, so that house isn't selling anytime soon. But with bankruptcy, nothing happens to assets until the court grants it.

((hugs))
 

Nikki88

New Member
I have no experience in this situation but as a retired Realtor I sure "think" that you have a way to at least extend the time frame for relocation. Do make some phone calls and verify your rights and theirs.

on the other hand I get a smile every time I read that your difficult child is responding so well to the medications. Sounds like you are actually a lucky family. Hugs DDD

Thanks :) I am super proud of her! She's doing so well these last couple weeks. Thats why I am so worried about the whole having to move thing :(
I'm going to call our lawyer in the morning- a few people have said that it's fraud and even if they are going into bankruptcy they would still have to honor our agreement as it's a legal doctor. So we shall see!!
 

Nikki88

New Member
I'd make those phone calls too. Honestly.........they can't force you to move unless they go to court to do so. And that takes about 3 months. So take deep breaths, try to fight the panic down and make those calls.

Bankruptcy takes MONTHS. Filing should not throw you out of the house. It *might* be.........you could work with their loan co, if they still have a loan out on the house and rent from THEM and not move at all. Heck, in this whacky horrible economy you never know, a loan co may jump at the chance of having a paying tenant in the home instead of it standing empty and not selling. And the loan co will not make repairs, so that house isn't selling anytime soon. But with bankruptcy, nothing happens to assets until the court grants it.

((hugs))

I'm going to start making calls first thing in the morning :)

Thanks for the hugs, I sure need them!!
 

buddy

New Member
Sorry Nikki88, really is awful when people are shady. I hope you can get some good news when you check on this. If you paid past taxes for them I wonder if you can have first rights to the house or anything like that??? (I know NOTHING about that, just wondering)
 

InsaneCdn

Well-Known Member
I don't know of many places in US or Canada that would allow for that short of eviction notice... even due to bankrupcy. Sell a house that's rented? The possession date is usually set far enough out so that adequate notice can be given, if the buyer doesn't want to have it as a rental property. Bankrupcy? Usually, the courts want to keep revenue coming, not cut it off... This sounds like a continuation of the scam, to me. Definitely get in contact with whatever agencies can help with rental issues.
 

buddy

New Member
I don't know of many places in US or Canada that would allow for that short of eviction notice... even due to bankrupcy. Sell a house that's rented? The possession date is usually set far enough out so that adequate notice can be given, if the buyer doesn't want to have it as a rental property. Bankrupcy? Usually, the courts want to keep revenue coming, not cut it off... This sounds like a continuation of the scam, to me. Definitely get in contact with whatever agencies can help with rental issues.

I'm glad you said this. I was actually thinking that after I left the thread. How do you even know this is really happening.... maybe they want you out to do this scam all over again???
 

Nikki88

New Member
Sorry Nikki88, really is awful when people are shady. I hope you can get some good news when you check on this. If you paid past taxes for them I wonder if you can have first rights to the house or anything like that??? (I know NOTHING about that, just wondering)

The money that had said was going to pay the taxes, didn't- we moved in on the 20th of January, and he told us that taxes had not been paid and they were 1000 a year. I looked it up online and taxes were 585 and paid on Dec 22nd. WAY before we started even talking to him about buying the house!
 

Nikki88

New Member
I don't know of many places in US or Canada that would allow for that short of eviction notice... even due to bankrupcy. Sell a house that's rented? The possession date is usually set far enough out so that adequate notice can be given, if the buyer doesn't want to have it as a rental property. Bankrupcy? Usually, the courts want to keep revenue coming, not cut it off... This sounds like a continuation of the scam, to me. Definitely get in contact with whatever agencies can help with rental issues.

I think he is just shady, were waiting on our lawyer to call us back, I called right at 8am. I think that either they found someone to buy the house and don't want to do owner financing, and he thinks I am not smart enough to know our rights, or he's wanting to scam someone else. Value of the house online through the county website is 114,000 - he's trying to sell to us for 149,000. That's something that I really should have looked up before we got into all this.

I'm going to look at an apt when I get off work, it's 3 bedrooms and we can afford it. So we will see, but we are definitely taking him to court if our lawyer thinks we have a case.
 

DDD

Well-Known Member
by the way, the tax assessed value is not the same as "market value" evaluation. Most real estate we have owned has had a tax assessed value of about 70% of what it would actually sell for at "fair market value". Due to the sad state of the economy many people have property that will not sell at reasonable value either. Just wanted to make sure you knew that the tax assessors office sets value rather arbitrarily. Good luck. DDD
 

Nikki88

New Member
by the way, the tax assessed value is not the same as "market value" evaluation. Most real estate we have owned has had a tax assessed value of about 70% of what it would actually sell for at "fair market value". Due to the sad state of the economy many people have property that will not sell at reasonable value either. Just wanted to make sure you knew that the tax assessors office sets value rather arbitrarily. Good luck. DDD

Thanks DDD :)
 
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