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Eviction or Foreclosure?

Discussion in 'Eviction, Recovery of Premises' started by zacharias82, Feb 9, 2018.

  1. zacharias82

    zacharias82 Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    I was selling a house on contract to a couple. It was a 3 year contract in which they needed to buy at the end of 3 years or get out. The 3 years ended at the end of January, they've stopped making rental payments (coming up on 3 months behind), and have not provided proof that they are getting/can get a loan. I filed the eviction papers after Christmas. The first court date was moved because the couple filed for an extension. We went to court this past Monday where the judge would not give a decision stating he had to decide if it was a foreclosure or an eviction.

    Is this an eviction or a foreclosure? I'm essentially paying for these people to live in my house now.
     
  2. zddoodah

    zddoodah Well-Known Member

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    You'll find out soon enough when the judge renders a decision. The smart thing to do would be to retain the services of a local attorney.
     
  3. zacharias82

    zacharias82 Law Topic Starter New Member

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    Snide remarks aren't needed. Think about what people are feeling then post. Trolls smh
     
  4. army judge

    army judge Super Moderator

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    IF things are as you've described, the judge's knowledge of the law of eviction versus the law of foreclosure is grossly inadequate.

    The contract you describe is nothing more than a lease.

    Therefore, your remedy for NONPAYMENT of your tenants is an eviction.

    Let's just hope someone educates the judge, and ruling in your favor follows.

    Going forward, don't ever engage in this practice again.

    It is best to rent the home for no more than a year, unless your prospective tenant PREPAYS IN FULL for a two year, three year, or more leasehold.

    Otherwise a property owner wishing to rent her/his properties should do six or 12 month leases, if your tenant will pay monthly.

    I wish you well.

    Please return and update us as you learn more about your case.
     
  5. zddoodah

    zddoodah Well-Known Member

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    WTH are you talking about? You told us that "the judge would not give a decision stating he had to decide if it was a foreclosure or an eviction" and then asked us if "this [is] an eviction or a foreclosure." In other words, you asked us how the judge will rule. You'll find that out when the judge rules and getting the opinion of some anonymous stranger on an internet message board (an opinion based on incredibly limited information, including no knowledge of the terms of your contract) isn't meaningful. If I tell you its one thing or the other, what are you going to do? Probably nothing other than wait for the judge's ruling. "army judge" gave you an answer that probably is what you want to here, but so what? You still have to wait for the judge's ruling, and the judge might very well rule otherwise. Also, what you're "feeling" has nothing to do with anything.
     
  6. txls

    txls Well-Known Member

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    I'm sure it depends on the wording of your contract, which we don't have and the judge does.
     

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