Legal Question in Real Estate Law in Indiana
Old house won't sell - $ problems w/ 2 mortgages
We purchased larger home 50 miles away, put my condo up for sale 1 year ago but it remains unsold. Double mortgages, utilities are draining us financially, but all new appliances, carpeting make us hesitate at renting. Spouse's employer has found loophole to keep half of his quarterly ''bonus'', which was a pay cut to remain employed w/ his company, providing them funds to startup. Except to rent, how can we get out from the old house so we don't lose the larger home for our growing family? Or do we try to hit the employer for back pay (becomes a union thing)?
1 Answer from Attorneys
Re: Old house won't sell - $ problems w/ 2 mortgages
You certainly don't want to lose equity in condo. If there is not much equity, then you could offer the mortgage company a deed in lieu of foreclosure, essentially giving the property and the equity (if any) to the mortgage company.
Another option is to change the options for sale to a rent to buy situation whereby the buyer pays your mortgage down and pays your equity at some point in time down the road on a promissory note.
Find a real estate agent or property buyer who will not be resident in the property who will buy it on a contract for payments of the monthly mortgage for a specified time then pay your equity off when they finally find someone to sell it to.
If you do rent the condo out, hire a property manager to be in charge of keeping tenants in and taking care of maintenance problems. 50 miles is not far today, but running back and forth because of a drippy faucet is no fun.
As to the bonus, take the contract (assuming it is in writing) to the union or a lawyer to see if the employer correctly interpreted the deal. If he is incorrect in withholding the money, you may well have the right to sue for the past due wages. However, I doubt that trying to get the employer to pay up is a viable option.
I think you need to get the condo rented to improve your financial situation and to have it handled by someone local, not yourselves. The rent could be paid directly to a bank account from which the mortgage can be transferred electronically.