How do I get payment or reposes my home.

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How do I get payment or reposes my home.

My sister and I agreed to sell our parents home with the buyer paying 50 down
with the remainder due in 6 months. I have given her several chances to make the
additional payment with no avail she simply will not pay and I believe she is
currently renting it out which I believe is against the law what can we do to get her
to pay the remainder or turn it back over to us.

Asked on May 1, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You can sue her for the additional money due to you, for "breach of contract": for violating her agreement to pay you for the home.
2) IF you kept a security interest in the home--that is, had a written mortgage or similar agreement with her, that stated you could repossess if she defaulted, or failed to pay--you could foreclose on it. But you can only foreclose if you kept such a right in writing to do so; otherwise, you are limited to suing for the money.
Given how much is likely at stake (half the value of a home), you would be well-advised to retain a lawyer to help you and not try to do this yourselves.


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