How do I get remainder of payment or reposess

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I get remainder of payment or reposess

My sister and I agreed to sell our parents home for $15,000 with the buyer paying 50% down and the remainder due in 6 months. I have given her several chances to make the additional payment but to no avail. She simply will not pay and I believe that she is currently renting the home out, which I believe is against the law. What can we do to get her to pay the remaining $7,500 or turn it back over to us?

Asked on May 21, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you gave her an actual private mortgage stating that you could foreclose if the mortgage were not paid, you may foreclose now the same way that a bank could; speak with a real estate attorney about his.
If you transferred title to her already without her first having signed an agreement (e.g. a private mortgage) stating that you could foreclose if not paid, then you can't take the home back, but you can sue her for the money for breach of contract: that is, for violating her agreement to pay for the house. You can only recover title from another for nonpayment when there was a written agreement (e.g. mortgage) saying you can do this.
If you did not transfer title to her (i.e. it was not going to be transferred until payment was completed), then you can evict her from the the home--without title, she is not an owner, but is a tenant renting to own, and tenants may be evicted when they do not make the agreed-upon payments. Evicting in a rent-to-own situation can be procedurally complex: you are advised to retain a landlord-tenant attorney to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption