Legal Question in Real Estate Law in California
is this a breech of contract
In 1997 a hospital offered to buy my home from me. I did not want to sell my home but i would trade my home for another one. so we did, the hospital payed off the balance of my home 56,000. and used that as the amount for the new home, we went thru escrow i was to make monthly payments, with inpound account to the hospital. i did not recieve a bill the first month, i contacted the hospital, They had no idea what or who is was. so this went on for 8 months, i never sent or left payment, because noone knew anything at hospital. then i noticed i had a lean on my property for the 56,000 , i have never heard anything from them. just recently i contacted the hospital cause i wanted to pull out my equity or sell the property. i was told that i was supposed to have the total amount paid in full by 2000. and that it was at a 8% interest, so now i owe 126,000, and they demand payment now. Im not trying to get out of not paying, they were also supposed to be paying my property taxes, and homeowners insurance threw my inpound account. I was paying my own property taxes, and i have no home owners insurance. i am a single mother with two daughters, Am i the only one at falt here? or did we both breech this contract ?? help
3 Answers from Attorneys
Re: is this a breech of contract
I would suggest you bring your documents to an attorney nearby to review. There seem to be several issues that should be reviewed. Perhaps a lawyer might be able to figure out who should do what. Please don't wait, since interest appears to be accruing and your property might be in danger.
Re: is this a breech of contract
If you went through escrow, a bunch of formal documentation must have been prepared, including a written contract, and if you were to be making payments, you must have signed a promissory note and deed of trust. There would also be a deed by which you gave up your former house and another deed by which you obtained title to your present house. Probably also lots of other documents. This is a rather complex transaction.
You have almost certainly breached the contract, or some part of it. I also think you were negligent in letting this go for nine years without figuring out whom to pay.
You need a lawyer now for two reasons. First, you need to have all the deal documentation gone over with a fine-tooth comb to see if you have any defenses or any basis to allege breach or neglect by the hospital or its assignees.
Second, you need an attorney to handle negotiations with the creditor(s) to pin at least moral if not legal blame on them, and bargain on your behalf for a settlement that is more favorable than having to pay the whole demand.
Re: is this a breech of contract
Please call me directly at 16192223504, bring all of your documents related to the transaction. This has become an urgent matter so I will meet with you on the weekend or after hours. If there has been a breach, it initially sounds that the hospital has breached.
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