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Old 10-16-2013, 02:14 PM
 
1 posts, read 1,494 times
Reputation: 10

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Seven years ago my husband purchased a piece of land from a private party, she held the note for him. Another person wanted to purchase the property from my husband and we told him that the property wasn't for sale. He kept hounding us and we advised him to quit calling. A week later he called my husband again and said that he bought the note and now we owed him and said he would own the property one way or another. We are current on our payments, we are in the process of trying to sell the property now, we had owed some back taxes and the note holder (private lender) said he was going to pay back taxes and foreclose on the property. We sent a certified letter with two checks, one to reimburse for the entire amount plus interest on back taxes, and a current mortgage payment. He said he would be sending our checks back and move forward with foreclosure proceedings. Our property is in escrow to be purchased by someone else. Can he legally refuse our payments? Also we had requested in writing the note balance, any interest paid, and he refused to give us what we requested. It has been over 21 days. He is interfering with our sale because he wants the property. Do we have a case? My thought is that this is highly illegal. He has never sent us anything in writing and has always went behind our back to try and get what he wants.
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Old 10-16-2013, 03:38 PM
 
1,263 posts, read 2,646,727 times
Reputation: 1872
Quote:
Originally Posted by lbrunetta View Post
Seven years ago my husband purchased a piece of land from a private party, she held the note for him. Another person wanted to purchase the property from my husband and we told him that the property wasn't for sale. He kept hounding us and we advised him to quit calling. A week later he called my husband again and said that he bought the note and now we owed him and said he would own the property one way or another. We are current on our payments, we are in the process of trying to sell the property now, we had owed some back taxes and the note holder (private lender) said he was going to pay back taxes and foreclose on the property. We sent a certified letter with two checks, one to reimburse for the entire amount plus interest on back taxes, and a current mortgage payment. He said he would be sending our checks back and move forward with foreclosure proceedings. Our property is in escrow to be purchased by someone else. Can he legally refuse our payments? Also we had requested in writing the note balance, any interest paid, and he refused to give us what we requested. It has been over 21 days. He is interfering with our sale because he wants the property. Do we have a case? My thought is that this is highly illegal. He has never sent us anything in writing and has always went behind our back to try and get what he wants.
What state is this?

I'm presuming this was raw land and that no one actually lived on it. How was the Deed recorded? Are you and your husband the only people listed on the Deed?

Did the new private note holder actually pay the back taxes on the property? Was it through some sort of tax note auction?

What did your private mortgage note say about falling behind on taxes, being declared in default, etc?
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Old 10-16-2013, 06:16 PM
 
Location: MID ATLANTIC
7,602 posts, read 17,634,581 times
Reputation: 8084
Taxes are always the owner's responsibility.

You were in default by not maintaining your real estate taxes. The note will spell out the penalties of not paying taxes.

This is too serious to be handled on a message board. Please seek legal advice post haste.
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Old 10-17-2013, 01:09 PM
 
Location: New York
2,251 posts, read 4,163,764 times
Reputation: 1607
Quote:
Originally Posted by SmartMoney View Post
Taxes are always the owner's responsibility.

You were in default by not maintaining your real estate taxes. The note will spell out the penalties of not paying taxes.

This is too serious to be handled on a message board. Please seek legal advice post haste.
SmartMoney's correct...

Loans are governed by the rules in the loan note.

Taxes are governed and collected by the county where the property is. The county in (a silent) first lien holders position. Not paying the taxes, they can foreclose even if you are current on the loan.

If the party is refusing payments and seeking to foreclose, my advice is to start talking with a bankruptcy attorney as soon as possible...



...
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Old 12-20-2013, 05:16 PM
 
2,563 posts, read 2,593,891 times
Reputation: 3465
Quote:
Originally Posted by lbrunetta View Post
Seven years ago my husband purchased a piece of land from a private party, she held the note for him. Another person wanted to purchase the property from my husband and we told him that the property wasn't for sale. He kept hounding us and we advised him to quit calling. A week later he called my husband again and said that he bought the note and now we owed him and said he would own the property one way or another. We are current on our payments, we are in the process of trying to sell the property now, we had owed some back taxes and the note holder (private lender) said he was going to pay back taxes and foreclose on the property. We sent a certified letter with two checks, one to reimburse for the entire amount plus interest on back taxes, and a current mortgage payment. He said he would be sending our checks back and move forward with foreclosure proceedings. Our property is in escrow to be purchased by someone else. Can he legally refuse our payments? Also we had requested in writing the note balance, any interest paid, and he refused to give us what we requested. It has been over 21 days. He is interfering with our sale because he wants the property. Do we have a case? My thought is that this is highly illegal. He has never sent us anything in writing and has always went behind our back to try and get what he wants.
It may depend on the state property is located in. For example, some states have a period of redemption during which you can redeem the property by paying back the back taxes with interest to the person who bought the property at the tax sale. In other states, this is not possible.
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Old 12-23-2013, 05:40 AM
 
6,360 posts, read 7,333,983 times
Reputation: 10822
Quote:
Originally Posted by lbrunetta View Post
Seven years ago my husband purchased a piece of land from a private party, she held the note for him.
Well, you posted this over two months ago. What has happened?
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