All Forum Posts by: Magus Ahnend

Quote from @Peter Walther:

I'm not an attorney, but my experience leads me to agree with Chris' opinion. If you in fact agreed to purchase the property via a Contract For Deed, you would not have received a deed until the last payment required by the CFD was paid. Nor would there be any loan docs, mortgage or otherwise, because the Seller did not loan you any money and you didn't borrow any. You wouldn't own the property, but you would have a contract interest or an equitable interest in the property. Your partner could have transferred his contract interest to you via the QCD but the deed would not and could not, transfer a fee interest to you since he didn't have one to convey.

However, even though you don't "own" the property, many states require a CFD interest to be foreclosed in the manner of a mortgage. That would require you to be in default under the CFD and the Seller to have provided you with written notice of a default and how you can cure it. You write that you're current on all the payments and assuming you're current on all your other obligations to the Seller such as maintaining insurance, paying the taxes and maintaining the property, what has the Seller told you as to why he's looking to foreclose?

Yes, but we were given the full deed. And I went through the same attorney I went through for closing and title search to remove the ex off of the deed. there is no way she messed up. 
the contact was weird, I mean, all this woman cared about and held up the attorney for over an hour was how does she get the house back. She cared about 1 thing, and that was getting it back. The attorney eventually gave up. 
i did go through an attorney every step of the way, and I paid this attorney, money! Lol. It is their job to follow the correct steps. She knew what she was doing. 

The weird thing is, is that there is a Sellers" contract, but no actual anything else. It's just Sellers contract, where she tries to refer to us as "Tenants" and "Eviction" verbage. There is no amortization, no "loan documents" it's a land contract, written as a rental, with several of her "handwritten clauses" stating things like, if she dies, pay her daughter, no mention of daughters name of contact, just daughter. 
The seller has done this to families with her former husband multiple times. 
high amounts, exorbitant monthly bills, and contacts that are, at best, flimsy on a good day. She has taken this house back, multiple times from people who thought they owned it. However, now she and her attorney from two counties over are calling my real estate agent directly and scaring her, and she pulled the selling contract and unlisted the house. 

if they honestly had anything, like a real case, they wouldn't even need to resort to scare tactics, coercion, and intimidation. They even told me agent that they had already started "foreclosure proceedings" but nobody has any kind of paperwork, nobody has been served, and there is an attorney, notary, title agency, everything to back me up. she called me almost in tears, saying she was scared and she was pulling out, I have her phone call on recording. 

but yes, I had a title search done, I have title insurance, I have everything. From a bonded agency, I did none of this without paying a lawyer. 

Location: Beckley, WV 25801

Hi, I could really use insight from anyone familiar with WV real estate law, seller financing, or just plain legal intimidation.

Here’s what happened:

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📅 Timeline of Events

May 2022 — I purchased a home in Beckley, West Virginia (Raleigh County) from a private individual via seller financing. and I’ll refer to her as The Seller.

The sale price was $80,000, and the transaction was handled by a licensed attorney and title agency—I believe the financing was done as a land contract, though I was never given a traditional mortgage note or bank paperwork.

Both I and a former partner (Co-Borrower) were listed on the Warranty Deed, and we paid $3,000 down at closing.

About 8 months later, Co-Borrower and I split. He moved out and relinquished interest.

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🧾 The Quitclaim Deed

In April 2024, I paid the same attorney and title firm that handled the original closing to draft and record a Quitclaim Deed.

The document removed Co-Borrower from the title and granted sole ownership to me.

The deed was properly signed, notarized, and recorded at the Raleigh County Clerk’s office.

It does not reference any mortgage, deed of trust, or lien—and I’ve confirmed none is recorded.

I’ve maintained the home, made payments, paid taxes, and treated it as mine since then.

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🚩 What’s Happening Now (July 2025)

I listed the home for sale this month with a licensed real estate agent.

Within days, my Realtor got a phone call from The Seller and her attorney—a man based in Wyoming County, not Raleigh. I’ll refer to him as The Attorney.

They told her:

The title is invalid

The quitclaim deed is illegal

There is a foreclosure “in progress” (but there’s nothing filed anywhere)

And that she is not allowed to sell the home on my behalf

The Realtor was so unnerved she pulled the listing from the MLS.

No one has served me with papers. There’s no court case, no lis pendens, no trustee filing, and no notice of default.

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🎙️ I Have a Recording

I recorded a phone call where the Realtor tells me everything:

That she was contacted by The Seller and The Attorney,

That they are trying to block the sale with no actual legal mechanism,

That The Attorney told her I wasn’t legally allowed to sell it,

And that The Seller is calling everyone directly—even though she supposedly has legal counsel.

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❓ My Questions

1. Is this legal? Can a seller and their attorney just phone-call their way into stopping a valid titleholder from listing their property?

2. If no foreclosure has been filed, and no Deed of Trust exists, what power do they even have?

3. Can a properly recorded Quitclaim Deed, prepared by the same attorney as the original sale, be retroactively challenged like this?

4. My Realtor is afraid to re-list—do I have grounds for a complaint? Or for civil action (like slander of title or tortious interference)?

5. Has anyone dealt with rural WV seller financing like this? Are there quirks I don’t know about?

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🔐 Why This Feels Off

I feel like they know they have no standing—so they’re going after my Realtor and sabotaging the sale through pressure and confusion. I’m trying to sell my home legally, and I’m being strangled by intimidation with no official action or filings behind it.

If this is how property rights work, then I’m floored.

Any guidance appreciated. Thanks.