Q: I sold a lot w garage on contract a few months ago. But buyer avoided signing contract. He just declared ch. 13.
Buyer *reallly* wanted my garage. I felt pushed into the contract, but I did need someone to deal with the property, to empty garage and clean up the lot after my husban'ds death. I also (unwisely) agreed to sign and publicly record the warranty deed because the neighbor seemed so sincere and was helping me a lot with yard work etc. He made a down payment but would not sign the sales contract. He continued mowing for me but has not made any payments. His ch 13 does not list my property. Instead, he listed me as a creditor for an "unsecured personal loan..." for an amount that is less than half the agreed upon purchase price for the garage. Can I revoke the warranty deed? How do I require this dishonest buyer to vacate my garage? I am a disabled widow who would prefer someone else do the confrontation.
A: That someone else should be your attorney. It appears you will have to file an "adversary case" as a part of the Chapter 13 proceeding. One of the things you should ask for is that the deed be cancelled.
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