[lifegoesonbrah]

Hello,

I purchased a house in Flint in 2011 via land contract. I bought the house for $5000 down and $225/mth payments for 10 years. In 2014 I lost my job and was unable to find suitable employment in the area. I moved out of state for work and sent the private lender a quit claim as he requested in October of 2014. In order to simplify the mortgage payment process, I had been sending him post-dated checks on an annual basis for the 12 proceeding months, therefore he still had 3 NSF checks that he was unable to cash for October through December of 2014. He sent me an email today (8 months later) stating that it is a felony to write checks on a closed account. The account closed in September due to NSF. He wants me to pay for the checks, am I required to do so? I notified him prior to the October check posting date to notify him that I would no longer be able to continue payments. There was also a balance on the water bill and taxes, am I going to be held responsible? Thank you for your help!

[Zippyman]

Originally Posted by lifegoesonbrah

Hello,

I purchased a house in Flint in 2011 via land contract. I bought the house for $5000 down and $225/mth payments for 10 years. In 2014 I lost my job and was unable to find suitable employment in the area. I moved out of state for work and sent the private lender a quit claim as he requested in October of 2014. In order to simplify the mortgage payment process, I had been sending him post-dated checks on an annual basis for the 12 proceeding months, therefore he still had 3 NSF checks that he was unable to cash for October through December of 2014. He sent me an email today (8 months later) stating that it is a felony to write checks on a closed account. The account closed in September due to NSF. He wants me to pay for the checks, am I required to do so? I notified him prior to the October check posting date to notify him that I would no longer be able to continue payments. There was also a balance on the water bill and taxes, am I going to be held responsible? Thank you for your help!

well, you could certainly be sued by the lender, but it's highly unlikely you would be pursued criminally for a post-dated check. Generally, they're seen by the courts more like an "i.o.u".

As for water bills & taxes, the lender could sue, but both the water bill and taxes are liens against the house, so it would behoove the current owner to pay them & sue you if they felt they were shorted.

Personally, I wouldn't lose any hair worrying about it. The cost to pursue you is likely more than the reward.

[lifegoesonbrah]

Thank you for the response, he already paid the taxes and water and resold the house to a new buyer, I figure he is just trying to scare me into paying him. I do feel bad that I wasn't able to keep the house but I took a loss of the down payment and 3 years of payments and he was able to resell the property anyways. I read that bounced checks are only criminal if the writer intended for the check to not clear when they wrote it, which is not the case in this situation.