My Mother's house

[milissa]

Jurisdiction

Tennessee

My mother foolishly sold a house to my sister and her husband on land contract. The sister has left the property and her ex husband cannot or will not get insurance that protects my mother's interests. This is a caveat of the purchase agreement.
It also states that she cannot sell the contract but later says she can convey the contract. Does this mean she can give me her interest in the house so that I can evict him for the many breaches of the agreement?

 

[ElleMD]

It is really unclear what happened here. If one sells someone else their house, they no longer own it and have no say in what the buyer does with it. Land contracts complicate things a bit, but it isn't clear what is going on. I have no idea what type of insurance you think your BIL can obtain to protect your mother. Has he/your sister actually defaulted? Have they paid off the contract?

 

[milissa]

It is really unclear what happened here. If one sells someone else their house, they no longer own it and have no say in what the buyer does with it. Land contracts complicate things a bit, but it isn't clear what is going on. I have no idea what type of insurance you think your BIL can obtain to protect your mother. Has he/your sister actually defaulted? Have they paid off the contract?

 

[milissa]

My mother bought the house and has a conventional mortgage on it. XBIL has contract for deed in which he is supposed to be paying for house. The insurance will protect my mother's interests should something bad happen. At this point, he only has mortgage insurance that the bank has added to his payments. My mother is completely unprotected financially if something happens to this property. Rebuilding would cost $140k he has just enough insurance that would pay off mortgage

 

[army judge]

My mother foolishly sold a house to my sister and her husband on land contract. The sister has left the property and her ex husband cannot or will not get insurance that protects my mother's interests. This is a caveat of the purchase agreement.
It also states that she cannot sell the contract but later says she can convey the contract. Does this mean she can give me her interest in the house so that I can evict him for the many breaches of the agreement?

Selling a home on a standard "land contract" is nothing more than "renting" the property to the person or persons.

The person or persons on the "land contract" acquire no property interests (assuming the contract was properly worded) until many events transpire, most specifically MONEY has been paid in full to satisfy the contract.

Here is a sample TN "land contract", you can use to compare to the one your mother used:
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Tennessee Contract For Deed Forms - Land Contracts
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This website descries the GENERIC steps required in "evicting" and "terminating" an "alleged contract to purchase a home -aka- land contract":
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How to Evict a Purchaser of an Owner-Financed Home for Not Paying
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I suggest you take the contract and other supporting documents to at least two real estate lawyers in your mother's home county.

Don't post the contract online for OBVIOUS reasons.

Your mother needs REAL legal advice ASAP.

 

[milissa]

I've spoken with my attorney long before I stumbled across this site. I had been hoping someone from Tennessee would be able to answer my one question. Alas.
The eviction and removal of the XBIL has begun. Thank you so much for taking the time to give your opinions

 

[zddoodah]

Does this mean she can give me her interest in the house so that I can evict him for the many breaches of the agreement?

Opining about the effect of a contract we haven't read and have no ability to read would be foolish. The smart thing for your mother to do, rather than give away her interest in the property, would be to consult with a local real estate lawyer. In your most recent post, you mention that the eviction process is underway and imply that your mother is represented by counsel, so I'm at a bit of a loss to understand the point of your question. Why would she want to give away her interest to you?

My mother is completely unprotected financially if something happens to this property.

If this is a contract for a deed, then title should still be in your mother's name, which means she is able to purchase her own insurance, and not doing so would be a very bad idea.

 

[milissa]

Opining about the effect of a contract we haven't read and have no ability to read would be foolish. The smart thing for your mother to do, rather than give away her interest in the property, would be to consult with a local real estate lawyer. In your most recent post, you mention that the eviction process is underway and imply that your mother is represented by counsel, so I'm at a bit of a loss to understand the point of your question. Why would she want to give away her interest to you?



If this is a contract for a deed, then title should still be in your mother's name, which means she is able to purchase her own insurance, and not doing so would be a very bad idea.

She is 78 and would simply like to recoup her money. I have rental property and am familiar with the eviction process in this state. She knows that in the end I will give her any money salvaged from this wretched mess.
So as I understand it, the contract for purchase should be easily scrapped as he has violated the terms. Thank you all for your knowledge.

 

[army judge]

It also states that she cannot sell the contract but later says she can convey the contract. Does this mean she can give me her interest in the house so that I can evict him for the many breaches of the agreement?

It would violate the canons of ethics, and most probably the law if I gave you an answer to that question WITHOUT reading the entire contract and other supporting documents.

I would also need to know what the other parties have paid, and what the contract says about arrearages.

There are some barriers to licensed lawyers providing real legal advice without an attorney-client relationship.

That is why I suggested you consult YOUR attorney about such matters.

I could answer the question, but am bound by many factors from doing so, none of which are meant to harm you.

 

[milissa]

Again, thank you all for your opinions. I consider the matter closed and the question answered. I would encourage you all to do the same.

 

[army judge]

Again, thank you all for your opinions. I consider the matter closed and the question answered. I would encourage you all to do the same.

Once you beat the horse, silencing the beast is beyond your wishes.

 

[zddoodah]

So as I understand it, the contract for purchase should be easily scrapped as he has violated the terms.

Just to be clear -- since this was a response to my prior post -- I didn't say anything of this sort. I'm not in Tennessee and, even if you were in my state, I wouldn't be in a position to opine intelligently about the "ease" (or lack thereof) with which this contract (which I've not read) might be "scrapped." I will again note that you indicated eviction proceedings are underway and implied that your mother has an attorney. That attorney should be in a position to opine intelligently about this.

 

[milissa]

Opining about the effect of a contract we haven't read and have no ability to read would be foolish. The smart thing for your mother to do, rather than give away her interest in the property, would be to consult with a local real estate lawyer. In your most recent post, you mention that the eviction process is underway and imply that your mother is represented by counsel, so I'm at a bit of a loss to understand the point of your question. Why would she want to give away her interest to you?



If this is a contract for a deed, then title should still be in your mother's name, which means she is able to purchase her own insurance, and not doing so would be a very bad idea.

Wow

 

[milissa]

Once you beat the horse, silencing the beast is beyond your wishes.

Truer words have not been spoken. Bottom line: no one here has had this experience.
Second gleaming-encouraged to involve attorney
Third go 'round, no one is grasping the concept of asked and answered