Legal Question in Real Estate Law in Missouri

I was working for a real estate company and In March of 2010 I purchased a home with owner financing. I have a real estate contract for 2 years, with a balloon amount due at the end of the 2 years. At the time of possession I signed a lease with them "only for legalities" until the contract for deed paperwork was done, which was about 2 weeks later. I have since quit working for that company and a few months after leaving I got behind 45 days in my payments to them. They filed papers with the local court asking for late fees, past due rent, wanting to keep my $2000 down payment, and eviction. The problem is when they filed the paperwork with the court they used the lease, not the contract. In my contract there is not any wording for late fees, and the $2000 deposit would be returned to me if we do not follow through with the contract. Just to let you know, I have now caught up on everything that is past due (mortgage amounts only) and we goto court in 12 days. I expected they would dismiss it and not even follow through now that it's caught up, but they have not.

I am wondering does the contract supersede the lease? (Both dated the same day) Also since it is a contract for deed can they file a regular landlord/tenant hearing to have me removed, or is there more that must be done? I am going to go to court and show the judge the documents I have, as well as receipts for the money paid and hope that will end it all, but at the same time I know how they are and can expect that in the future if I am 1 day late they will do this again if it is something they can do so easily as have an attorney fie a landlord/tenant complaint. I can't afford an attorney in person to ask this or fight this for me, so I am greatful for any information you can give me.

Thanks,

Matt


Asked on 9/22/10, 2:39 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Without seeing the documents it is nearly impossible to teel you whether your plan for defense will succedd. However, if you are current on teh day fo court, there will be no need for the judge to order you to vacate, and not funds (except possilby attorney fees and filing costs) to be awarded. The judge may dismiss, may grant judgment minus what you have paid, or set the case for trial due to a breach of the lease.

Good luck

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Answered on 9/28/10, 3:06 pm


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