Land Contract on My house and Friends kids

iVillage Member
Registered: 07-18-2008
Land Contract on My house and Friends kids
8
Mon, 09-02-2013 - 9:27am

So far the people who are buying my house on land contract I have found 2 late payments on the house. Then when they had the water heater catch fire putting clothes next to the flame on it they expect the 8,000 in insurance without me having a say in how it is spent and the insurance is in our name.

So they spent their renters insurance on a camper that sleeps 6-8 people.  Yeah they want to be responsible home owners and they have 5 years to get a mortgage, but when they get extra money they spend it on something they don't need instead of paying down there bills so they can get a mortgage.

Now our stuff over there is engines that can be put in trucks and transmissions and other things is traded off for a van for them it isn't theirs they told us that we could leave the stuff there till we could pick it up.  But they are turning the back into a garbage dump, and they are selling are stuff off I am ready to turn them over to the cops and write up a 30 day notice to get out!

Anyone else what do you think?

 

President DanTrans llc

Writing romance adventure novels.

Amsoil Distributor

 

Avatar for elc11
Community Leader
Registered: 06-16-1998
Mon, 09-02-2013 - 9:24pm

I don't really follow all of this situation, but does the contract specify what happens if they are late on payments? Did they file a claim on your homeowner's insurance fraudulently? If they committed fraud then the insurance company will go after them. Does your policy say anything about if it can be used by tenants?

The landlord or note-holder probably doesn't get any say in how they spend their own money, including a payout of renter's insurance. If you had things laying around the property unsecured and now they are disappearing there may not be anything that you can do unless you have proof that they are selling it---they could say they don't know what happened to it or didn't know it was yours etc. and it comes down to their word against yours---unless you have a signed document about it. You should probably get your stuff secured in a shed or off the property. 

I think you should consult an attorney for a professional opinion of your rights and responsibilties including how to evict them. 

iVillage Member
Registered: 07-18-2008
Tue, 09-03-2013 - 8:12am

Whoever they traded with for the van will need to explain where they got all those transmissions and engines alot of junk yards want to make certain where it is coming from.  Legally until we get the house out of our name and In theirs we can leave stuff there and have 30 days after closing to do so.  But these were friends of the family and I worked with them.  (Not anymore though)  We filed a claim because of the fire in the basement, flooded the basement from the water heater.  They can't file a claim I have to,  But their not getting any money unless it is for use on the house and now since they did this I will deduct what they owe me for the van off it.  They already admitted to scraping some of it I bet ya part of their camper was from the scrap.  They are just pissing me off and I might find an attorney to help file the paperwork.

President DanTrans llc

Writing romance adventure novels.

Amsoil Distributor

 

Community Leader
Registered: 07-26-1999
Tue, 09-03-2013 - 11:36am
The check from the fire that was through your insurance company should come directly to you and IMO if you are still the rightful owner of the house, until the house is out of your name, you should be acting like a landlord and therefore you arrange to have the water heater replaced and pay for it directly yourself from the proceeds. They should have renters insurance to cover any costs of any contents that were destroyed by the fire and take care of that themselves. If they chose to spend it on something else, that's their perogative and you really have no say in it. As for the truck engines, I would definitely look into it, but I would also not leave anything at the house any longer. Whether these people were friends or co workers or whatever, you need to treat them like any other tenant, at an arms legnth.
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iVillage Member
Registered: 07-18-2008
Tue, 09-03-2013 - 6:27pm

It did come in my name but they are using it for repairs on the house they have to bring receipts to me to show what they spent on.

If I give them 500 I should get a receipt for it.

If it was someone I didn't know I would of ask for downpayment and everything.  Next time I will whether I know them or not.

They spend on things that isn't needed and then wonder why there credit is bad they only have 4 more yrs to get a mortgage, they won't if they don't start thinking about what their doing.

President DanTrans llc

Writing romance adventure novels.

Amsoil Distributor

 

Avatar for elc11
Community Leader
Registered: 06-16-1998
Tue, 09-03-2013 - 9:59pm

" Legally until we get the house out of our name and In theirs we can leave stuff there and have 30 days after closing to do so."

Right, but if they're selling the stuff you left there or trading it or whatever, then it becomes your problem to prove what is missing, and to sue them for it. Easier in the long run to remove your belongings or secure them in locked storage. They were friends at one time but have shown you that you cannot trust them anymore, so that 's how you ought to approach the situation.

iVillage Member
Registered: 07-18-2008
Thu, 09-05-2013 - 8:48am

i will do one better they aren't getting the insurance money I have around 5 g left next late payment I will give them their 30 day notice.

President DanTrans llc

Writing romance adventure novels.

Amsoil Distributor

 

iVillage Member
Registered: 07-29-2002
It doesn't sound like the truly intend to secure a mortgage. Instead they are going to take advantage of their current situation, until their luck runs out.
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iVillage Member
Registered: 07-10-2002
Thu, 12-26-2013 - 2:40am

It's a contract..That should spell out the terms.  Do you have a good realtor?   Check out the laws in your location.   If they are renters, landlord tenant laws apply.  If they have a mortage that would apply.  They default they loose the house.  They don't pay rent they are out.  But make sure you are following the law.