Q: My husband and I have a "agreement to sell real estate", where we are the buyer. The seller wants us to leave
The seller left vehicles in the yard without tags or title. Code enforcement wanted them gone, we complied with code enforcement, now the seller is threatening us and trying to break the contract without the return of the down payment we made or the mortgage payments we made to them. What can we do?
A:
Your question is a little confusing as you use the phrase "mortgage payments we made to them." That suggests a completed real estate transaction which means a deed conveyed the property to you subject to a mortgage interest retained by the seller. An "agreement to sell real estate" is usually called an earnest money contract and is typically entered into as a precursor to a deed and mortgage being executed.
If you are the owners of the property as reflected in a recorded deed and are current on your mortgage to the seller, the seller cannot legally foreclose on the mortgage and evict you.
A: Or, if you actually have a contract to buy, and not title secured by a mortgage, you may have to sue for specific performance of the contract.
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