i dont want to leave my home

i dont want to leave my home

Member since 2011 · 11 posts · 0 votes

please hear me out
I built my home back in 2001 with my own 2 hands its 10,000sqft its a smart home all the amenties you name it it has it. in 2006 i could pay my bills and i went into short sale noone was able to close a buyer finally close this march 2011 it took 2 years for him to close he paid me 15,000 out of a good heart because he knew i had no money.. in addition i have 6 kids so we also signed a contract of him allowing me to stay in the house for 2 months until (may 15th) so my kids can finish up school so i have just over 1 month left in my home.. but i dont want to leave im figuring i can trick him into letting me stay until july 1st .. im not considered a tenant so i cant go to landlord tenant court. because on the contract we signed he made sure i wasnt going to be considered a tenant.. is their anything i can do? he also promise me 5,000 on may 15th please i need help is their anything i can do i already asked him if i can stay longer but he said no he also has kids and they want to get setteled into the house.. but i built this house and they dont deserve it the house is worth over 3 million and they paid 670,000 i need help, advice, tricks is their anything.. i cant leave . i wont leave

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Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes

you make me want to type words that the forum will bleep out...TO ALL NEWBIE INVESTORS..THIS IS WHY YOU DON'T GIVE PEOPLE THE BENEFIT OF THE DOUBT!! THIS IS WHY YOU DON'T LET DISTRESSED HOMEOWNERS STAY AFTER A CLOSING!! well, they seemed nice, he has kids, he was on disability, etc. look, the guy that bought your house has gone above and beyond to help you, and you still want to screw him financially due to a possible mistake that may or may not have been made in the paperwork of an attorney....do you honestly expect anyone to say, "yes, cheat the system...screw over the investor who has already been too nice to you"???

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Tod R.
Investor · Southlake, TX · Member since 2009 · 950 posts · 338 votes
15y
Mike,

You need to hire an attorney. I'm no expert on this, but depending on what state you are in will depend what legal options you have. Some states are more pro tenant than others. I know you said you signed an agreement to avoid being considered a tenant, but I'm not sure you can sign away your tenant rights or not.

Good luck
1 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
i live in NY... i guess thats what i do.. try and buy as much time as possible hopefully ill figure out a loop hole to stay another year or so ..
0 Reply
Maryann L.
Specialist · MA · Member since 2009 · 858 posts · 306 votes
15y
Mike,

I don't mean to sound harsh, but you don't own this house any longer. I can't even believe you were allowed to close and live in this house. MOST short sales have a clause that states the homeowner cannot stay in the house after closing.

I don't care what you called it, but if you're not on the deed anymore, you're a tenant, and this guy can evict you.

How long was it that you didn't pay your mortgage? You got a sweet deal if you didn't pay your mortgage for some time AND got $15,000 from the buyer. Again, most short sale contracts don't allow the original seller to have any monitary gain.

I realize things have been difficult, but there is a reason you had to short sale, now it could be because you had a reduction in pay, medical bills, job loss, etc., and at the time you took out the loan, you could afford it, and now you can't. When this happens, it's difficult for any homeowner, but you have to downsize and move on.

From what I see if this buyer is on title, he has every right to pursue you legally...my other thought is the bank has every right to pursue you BOTH legally, but again, I have no idea what documents you signed to get the short sale done.

This buyer has been extremely kind to you and now you're taking advantage of a good situation. You have to let go.
13 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
i am diasabled by law. and i havent been paying any bills since 2006. and i understand you not being harsh your being honest. and i know im taking advantage of this man... he has done everything possible to make my misfortune less of a burden. for my disability ive been able to have banks and companies to take over all of my bills all my utilities in addition to filling my tank with oil... i just no ive been able to get my way so far.. and i just know if their is a will their is a way... their has to be something... and i have a month to figure it out
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Sharad M.Pro Member
Carlsbad, CA · Member since 2010 · 1k+ posts · 1k+ votes
15y
Mike,

I am sorry to hear about your situation. You have a month to leave the place and find yourself another place. I understand your emotional attachment to the house, but it is no longer yours.

The buyer has gone out his way to assist you, and you are looking for "tricks" to stay in the house. I don't mean to sound rude, but it's immoral. I am sure things will turn around and you will find yourself in much better situation in the future, you just have to keep faith. I would use the next month to find a place to rent for the family and thank the buyer for assisting you. Don't make the situation worse by overstaying. Good luck!
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Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
15y
i wouldn't help you if i knew how...as far as i know, receiving 15k when your house was shortsaled is fraud...you don't deserve that money...you're in a tough situation, which i can appreciate, but the right way to handle that is certainly not trying to laern tricks to screw someone over, especially when he gave you an extra 2 months and 15k...move out, and teach your kids the lesson of taking responsibility...doing the right thing isn't easy, but do you really want to set an example for your kids of how to cheat the system? c'mon dude!
13 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
i understand.. i just need more time ... one other question... im doing a garage sale to make extra money and sell my things... the refrigerator , the stove and the chandelier. were listed in the listing... but his lawyer forgot to put them in the contract... the appliances ate VIKING i paid 10 grand for each. and the chanddelier was 15 Grand. i want to sell them but the buyer said they come with the home.. and not to sell them i told them hes more then welcome to buy them from me...

since they are in the listing but not in the contract... arnt they rightfully mine its their fault they didnt put it in the contract
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Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
15y
you make me want to type words that the forum will bleep out...TO ALL NEWBIE INVESTORS..THIS IS WHY YOU DON'T GIVE PEOPLE THE BENEFIT OF THE DOUBT!! THIS IS WHY YOU DON'T LET DISTRESSED HOMEOWNERS STAY AFTER A CLOSING!! well, they seemed nice, he has kids, he was on disability, etc. look, the guy that bought your house has gone above and beyond to help you, and you still want to screw him financially due to a possible mistake that may or may not have been made in the paperwork of an attorney....do you honestly expect anyone to say, "yes, cheat the system...screw over the investor who has already been too nice to you"???
17 Reply
Greg P.
Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
15y
Yes, if it is not in the contract then there is nothing he can do legally to get those items. But, you telling him one thing and not sticking to your word is another. Sounds like the guy who bought your house was nice enough to give you money and let you stay in the house. I know you are in a tough situation so instead of causing trouble for him, just ask him if you can stay a little longer. But if you agreed to give him the equipment, give it to him. That's my opinion. Also, I would double check the contract if you decide not to give him the equipment because I'm sure the lawyer who wrote the contract should have put those items on there. Good luck!
1 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
well its his own fault and if their are loop holes i will find them.. i know i can do it the only reason y the man gave me 15,000 and gave me 2 months to stay was because i revoked my power of attorney and told the buyer that if he didnt agree to give me the money cash and signa contract saying i can stay for 2 additional month that i wouldnt sign at the closing... i obviously knew this would work this man waited 2 years for this house... so about the appliances being that it is in the listing but not in the contract...

isnt the contract more powerful then the listing?? i should be able to sell them i paid 35,000 for them .. plus this man got this house for 670,000 and its worth 3 million... im sure he can afford to buy new appliance and a chandeliar
0 Reply
Greg P.
Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
15y
You have to understand, the market has dropped in value. He could probably could have bought a similar house for around the same price without the headaches and wait time of two years. If you want to figure it out and try to stay longer or keep appliances, talk to him first and be honest with him that you need HELP. Otherwise, hire a Real Estate attorney and figure out a way to stay in there longer. For example, in my state if you are in Foreclosure you can actually extend the Foreclosure by two months by doing a Bankruptcy. Talk with a Attorney. Good luck.
1 Reply
CJ L.
Rehabber · Denver, CO · Member since 2010 · 79 posts · 20 votes
15y
Mike,
The home has been sold to someone who bought the ENTIRE house, then for some dumb reason let YOU stay in it AND then paid you 15k, not to mention the 5k that you said they are going to give you next month to leave. You need to be grateful that they fell for your sob story and let you stay this long. You havent paid any bills since 2006, the property was sold to someone who could pay,and somehow you think that you still own items in that house that was sold. Do you also still own the bathroon sink? Of course you don't!!! How could anything there possibly be yours? Take the 5k next month and get out!
5 Reply
Kevin Yeats
Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
15y
Mike, why don't you sell your stove, refrig and chandlier and offer to deliver these items ... then never deliver?

You could make a couple more grand.

Then sell them again and do the same thing.

5 Reply
Hoang P.
Residential Landlord · Cincinnati, OH · Member since 2011 · 42 posts · 12 votes
15y
Don't know about other people, but I sure do believe in karma. What goes around, comes around. If all you do is trying to find away to screw other people, especially the ones that helped you. Then maybe what happened to you was not a misfortune but what you actually deserved. You might succeeded in finding a loop hole of the situation and take advantage of it, but soon, more bad things will come your way.
3 Reply
Maryann L.
Specialist · MA · Member since 2009 · 858 posts · 306 votes
15y
Mike,

If the items are advertised for sale in the listing, then those items stay with the house. I don't care if they weren't in the contract. It's false advertising if you advertised it that way and then it wasn't delivered with the house.

What did you do with the $15,000 you got? Go get a nice condo or apartment somewhere, instead of milking this for all it's worth ... which is apparently only $670,000. I realize you
THINK it's worth 3 million but apparently it isn't because it sat on the market since 2006 right? I would venture a guess that it's even worth LESS now.

Bottom line - it's clear you want to screw this guy over and for WHAT I have no idea, because from what I've read he's done NOTHING other than be as generous as possible to you, but the house is not yours anymore. You need to rip the band aid back as soon as possible and move on. You're denial of what is actually going on is only going to hold you back more. Accept the reality and start your life over. You got a NICE chunk of change to do it with.
2 Reply
Greg P.
Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
15y
Please consider this. You know you have been living for free for God knows how long and he is actually satisfying your mortgage. For him doing so you DON'T have a foreclosure on your record...
2 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
the only reason my home didnt sell for so long .. was beacuse i havent cleaned a thing since 2005 the house is practically not even livable the bathtub have al turned colors of brown green and blue along with all the toilet i bought 10 cats and they poop all over the house and i dont clean it. i worked for years noone wants it my haouse smells so bad that when people came to look at it they walked in started coughing from the smell and walk out... this man decided to buy it i wish he didnt... and ever since he bought it ive made it even worse... i take the garbage out and let it pile up in the living room until they leak his wife yelled at me to take the garbage outside since they are ruining the hardwood flooring... but i dont care if they try and make me leave this is me threatening them that i will do more damage.. we have a meeting scheduled for tomorrow at 7pm to talk about the appliances and chandelier.. their is no way. im just going to let them have it.. he tried arguing with me saying consider the 10 grand i gave you as payment for the appliances.. but obviously this man loves this house and will do anythign to finally move in so why not milk him... i just need to no if legally since they forgot to put it in the contract.. can i legally take them with me or sell them like i said they are viking apliances and an alabaster chandelier.. i know they were in the listing but they were not in the contract. so can i sell them .. yes or no?
0 Reply
Darryl Dahlen
Commercial Loan Officer · Southern Maine, ME · Member since 2009 · 782 posts · 415 votes
15y
I'm having a hard time believing this scenario is actually real. Posts like this are often started by trolls who are simply looking to stir the pot by provoking the board members.

My spidey sense tells me this is a fake.

7 Reply
Greg P.
Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
15y
Yea I agree, this sounds fake.
0 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
this isnt fake.. im not joking. i know im a pain.. i spoke to my realtor and he told me "mike just because your disabled your not invincible, leave the appliances,this guy has done more then enough for you" im just looking for answers if by law just because they are in the listing but not in the contract do i have the ability to sell them... as far as extra time ill figure that out when may comes
0 Reply
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OP
Member since 2011 · 11 posts · 0 votes
15y
this is not fake.. i know im a pain but i dont care im man enough to admit it .. i spoke to the realtor that sold my home.. and ask him if i could sell the appliances.. and he said "mike, just becasue you disabled doesnt mean your invincable" this isnt fake at all im just wondering if.. i can fairly sell they appliances and alabaster chandelier since they forgot to include them in the contract but they are in the listing.. its a yes or no.. and if youd like ill follow up with you after our meeting tomorrow...
0 Reply
Don KonipolBusiness Member
Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
15y
No good deed goes unpunished
Private Mortgage Financing Partners, LLC
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1 Reply
Jeff NA
Involved In Real Estate · Portland, OR · Member since 2008 · 117 posts · 44 votes
15y
No one else has said this yet, so I will: Your house isn't worth $3 Million. It's not. End of story. If it is, you'd be able to sell it for $3 Million. Give the gentleman back his money and go find yourself a better offer if you can.

3 Reply
Steve Babiak
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
15y
Originally posted by Mike Soll:
... im doing a garage sale to make extra money and sell my things...

Good idea for raising funds, to sell that stuff that clearly belongs to you.
Originally posted by Mike Soll:
... the refrigerator , the stove and the chandelier. were listed in the listing... but his lawyer forgot to put them in the contract... the appliances ate VIKING i paid 10 grand for each. and the chanddelier was 15 Grand. i want to sell them but the buyer said they come with the home.. and not to sell them i told them hes more then welcome to buy them from me...
since they are in the listing but not in the contract... arnt they rightfully mine its their fault they didnt put it in the contract

Stoves and hard-wired lighting of any sort are considered "fixtures" of a house and are part of the house - they do not have to be separately listed in any real estate purchase agreement since they are not personal property. In fact, if you specifically WANTED to keep them , then in that case you were obligated to inform the buyer in the listing, and in the contract of your intent to keep those fixtures.

Refrigerators are sometimes fixtures in higher end houses such as what you have described. If the refrigerator has doors that match the door panels of the cabinets, then the refrigerator would be considered a fixture. If there is a surround enclosing the refrigerator, then that too could be considered to make the refrigerator a fixture.

If an item is a "fixture" of the house, it stays with the house upon sale (unless prior disclosures were made to advise the buyer that such fixtures were not part of the sale).

Not to be judgmental, but two of the items you intended to sell definitely belong with the house; so why not just leave them all so that you keep your word on some of what you originally promised?

Lastly, if you have intentionally caused damage to the house, you do realize that the buyer now has good grounds for no longer proceeding with this purchase ...
5 Reply
Maryann L.
Specialist · MA · Member since 2009 · 858 posts · 306 votes
15y
@darryl - I agree. This guy almost can't be for real. There is a definite disconnect in his reality.
@Steve B - The house has already sold VIA short sale. The poor buyer can't get any money back
@Jeff Z - I said it. there is no way it's worth a million. It's not even worth what the buyer paid at this point.
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