Need Advice on "Sale Subject to" Agreement in Louisiana
I'm accused of not paying the mortgage for a home I was renting out. When
actually the home was sold to to the plaintiff in this matter on a "Subject to
the Existing Mortgage" transaction. The plaintiff missed a couple of payments and made
them up later but, the mortgage company called the balance to be paid in
full after continual late and missed payments.
The plaintiff in 2017 claimed she discovered she might be forced to move out of the home she'd been
"renting" since 2015 because she noticed the house was going into foreclosure. However in fact,
this plaintiff had been given notice that the balance in full was due on the house forcing me into a Bankruptcy. The property in accordance to the "subject to" agreement required balance in full if any payment missed.
The plaintiff had me arrested based on the claim made by her that, I leased the home to her
and hadn't been paying the mortgage. Plaintiff claimed she understood that, $650 per month
she was paying was for an opportunity to one day own the house, but plaintiff claimed she had to
move out entirely after being delivered paperwork for a Notice of Seizure. Foreclosure proceeding was
stopped due to the filing of bankruptcy by me, which cancelled proceedings to foreclose
but, this plaintiff made a complaint falsely nevertheless claiming she had to move.
The home "Sale Subject to Existing Mortgage" was $105,000 with $10,000
down payment leaving an existing $95,000 principle and interest balance to be taken
from monthly payments of $650. Plaintiff Mortgage was entered into
September 2015. I was to pay on the existing mortgage granted which was due Wells
Fargo Bank. The Plaintiff made first of the $650 per payments in October 2015 but,
was demanding that the entire $650 per month be credited to principle. The
existing mortgage required principle, interest, tax and insurance be paid per the signed
agreement and ""Subject to" in the amount of said $650 per month.
Receipts the plaintiff has been showing authorities to get me arrested and
support false Investigative News Reports, indicated falsely that $650 was
made timely each month. Plaintiff missed payments and and never paid late
payment fees, interest, tax or property insurance, which caused the balance
in full on the existing mortgage to be called by the Bank for payment in full.
Soon after the seizure notice, I filed for Chapter 13 bankruptcy to keep
the plaintiff in the home on a payment plan set by the bankruptcy Court.
The plaintiff stopped paying for where she was living altogether, refusing
to make payments through the bankruptcy courts in any amount.
Plaintiff claimed: "It really just like startled me ( her ) because I (
she ) had faithfully been paying my ( the ) note every month" (Quoting plaintiff
when she well knew she had been given Notice of Eviction). Plaintiff knew
that eviction would not have been enforced by me if payments had been made
through the bankruptcy court as she promised to do, and actually demonstrated
twice.
Plaintiff told " 2 On Your Side" (a local television News Investigative
Team) that, I posted paperwork on her door alerting her of the Chapter 13
filing along with a Wells Fargo statement.
The Wells Fargo paperwork showed no transactions happened on the existing
loan just prior to or during "Stay of Foreclosure". There were unpaid
payments, late charges as well as tax and insurance cost totalling
$13,114.73 at the time I filled bankrupt. Plaintiff claimed I gave her a
handwritten note saying the $650 she was paying for more than two years
was not applied to the house she was living in and that an additional
payment of $709.58 was to be paid directly to the bank monthly. Actually I
gave plaintiff Notice to continue her $650.00 per month or move out in a letter
sent by certified mail in my attempt to save the home.
Plaintiff claimed "It's like $2,000 has been paid on the note since I ( she ) first
purchased the house in 2015," (Quoting Plaintiff) When she knew it took
$7,800 to keep her in the house for even the 1st year. This should show at least
one of plaintiff's lies.
My arrest record shows plaintiff admits two payments of $650 was paid as a
retainer at a law firm I hired. Plaintiff avoided indicating in her complaint that she
that she made payments herself direct to the Attorney Office I hired because she was
late with them.
I was arrested for felony theft in Louisiana for this transaction made
between my company which I signed as authorized agent for and a plaintiff in this
mortgage contract dispute.