Rent to own - landlord has not gave me title yet

Bainbridge, GA · Member since 2018 · 2 posts · 0 votes

My question is this..i live in Ga, I did a rent to own lease with my landlord several years ago. About 2 years ago my husband and I paid it off, and was happy to be finally owning our 1st home. we also over paid like 1400$ ( not knowing it was paid off yet) Well the landlord still has not gave us the title and says it's tied up in a loan of his that he is still paying off. So I'm sure you can understand the frustration at this point. He is now sending us messages saying we owe him property taxes for past two years. We still have not received the title, and dont know if we are in the right or wrong if we should pay or not?. Also can he evict us if he wants ?. Should we pursue legal actions to get our money back if he dont give us the title?.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Collect all documentation, to include proof of all payments to the Seller. Take it to an attorney and let him deal with it, to include the over-payment.

If you continue to procrastinate, this guy could find a way to take the property back.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
Collect all documentation, to include proof of all payments to the Seller. Take it to an attorney and let him deal with it, to include the over-payment.
If you continue to procrastinate, this guy could find a way to take the property back.
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Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
8y
Originally posted by @Stephanie Barfield:

My question is this..i live in Ga, I did a rent to own lease with my landlord several years ago. About 2 years ago my husband and I paid it off, and was happy to be finally owning our 1st home. we also over paid like 1400$ ( not knowing it was paid off yet) Well the landlord still has not gave us the title and says it's tied up in a loan of his that he is still paying off. So I'm sure you can understand the frustration at this point. He is now sending us messages saying we owe him property taxes for past two years. We still have not received the title, and dont know if we are in the right or wrong if we should pay or not?. Also can he evict us if he wants ?. Should we pursue legal actions to get our money back if he dont give us the title?.
If you have fulfilled your side of the agreement, he can't evict you. Contact a Title Company, (like Chicago Title, look for a local Title company) ask them for a Title Report. Tell them you are the buyer. That will take a few days for them to get it to you. Once you have the Title report, look and see which Liens are on the property. It should list the Lender your seller is dealing with and who the legal owner is. With that information you can take your agreement, Title report, proof of your payments and have a 1 hour meeting with a real estate attorney. Since we have not seen the agreement you signed, there is no way to know the best way to proceed. It will take an attorney to sort it out.
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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
8y
I suspect you did not have representation when you went into this deal the time to pull a preliminary title report is before doing it now is I bet going to show this seller owes money and he probably or maybe does not have the funds to clear the mortgage off of the property so he can deed it to you free and clear.. I am assuming you think you own it free and clear correct..
I also suspect he is using the tax's to wiggle out of the deal if you were responsible for the tax's i would pay them pronto so he can't default you.
YOu can for sure lawyer up as it may come to that to get the seller to respond.. but again seller may not have the means .. then what ???
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Jon Holdman
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
8y
You need an attorney. You're in the process of being screwed by an unscrupulous seller. He's holding out on delivering the title because he cannot do it. This property is encumbered with a loan the seller is (apparently) unable to pay off, despite collecting your payments. Done properly, a rent to own deal can be a way for someone with credit troubles to buy a property. But these are also excellent opportunities for bad actors to collect money from a buyer and then fail to deliver when the contract is fulfilled. And that's where you are. You need an attorney and you will likely have to sue this person. And this may not work out in your favor.
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Stephanie Barfield
OP
Bainbridge, GA · Member since 2018 · 2 posts · 0 votes
8y
Thank you guys for your advice! It has helped so much. I do have all the receipts that I paid in full. I will definitely seek a lawyer. I have learned from this mistake and know now to check before you buy. Again thanks so much guys ! :)
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Julie N.
Real Estate Investor · Unionville, CT · Member since 2016 · 260 posts · 167 votes
8y
Lawyer up
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Schieler Mew
Member since 2018 · 3 posts · 0 votes
8y
It's my recommendation that you seek the advice of an experienced attorney. However, keep in mind that you can only sue for losses and not expected losses. While you may be able to get your $1400 back, outside of that there may be nothing you can do in regards to ownership of the house. If a renter fails to dot their I's and cross their T's when inspecting the information provided, take it as a lesson learned and get out of the situation as quickly as you can.

Good luck and best wishes!
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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y
Agree with the others, you need an attorney now.
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