Legal Question in Real Estate Law in California
Can I collect monies lost on sale of home
In 01/03 my brother and his wife decided they were going to purchase my home from me. Until they were able to get a loan I let them go ahead and move in and they started making the payments on my mortgage. He never got a loan, never applied for one, and he stopped making the payments 11/04. I found out the house was going to be foreclosed upon so I put the house up for sale. It was appraised at $190,000, however I was only able to sell for $165,000 due to damages done by my brother (tore out the carpeting in entire house due to dog urine, tore the air cond unit apart, holes is walls, and yard trashy with junk cars, trash, etc). My question is this: is there I way I might be able to recover some of the money that I am losing on the sale (due to the condition in which he left the home), the late payments and penalties incurred by the bank when he stopped making the mortgage payment, and the payments that he did not make til the time he moved out? And if so, is this something that I can do on my own or do I have to get an attorney?
2 Answers from Attorneys
Re: Can I collect monies lost on sale of home
You need to sue and it would be wise to hire an attorney. Your bother and his wife are liable for the damages caused to the property and to you. The only way to force them to pay you is to sue them. Do they have any money? Perhaps throwing good money after bad is not worth it.
You may also want to make a claim with your property insurance (if you have it). See if vandalism is included.
Give us a call if you want to talk further about this. The call is free.
Re: Can I collect monies lost on sale of home
It sounds like you have a case. Your brother may be judgment proof though. You may contact me. I have fought cases like this before.
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