Legal Question in Real Estate Law in Texas

Can the seller add amounts of money on the end, not in contract?
I bought a house, (owner finance). the last payment was in May 2000. I got a letter, June 13, 2000, staing until he received a check for $200.23, he would not give me my release of lean and if he does not receive it before June 30, 2000, he is going to add 11% intrest for every day he does not get it. He writes it for intrest in 1996 - 2000. This is out of the clear blue sky. He says $125.00 is for a lawyer fee. {When I was on vacation in 1996, the credit union I use forgot to transfer money to my checking from my savings, he stated he got a lawyer because the house payment came back; which I made good as soon as I found out what had happened}. and a $10.00 charge for the returned check. The other $65.23 is for the questionable he says I owe. Can he legally add these charges with intrest if it is not in the contract !!! Thank you,
Madeline

Asked on 6/29/00, 2:57 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Can the seller add amounts of money on the end, not in contract?

No. If it is not in your contract, then he cannot assess charges on account of it after the fact.

There are laws which require him to deliver a release or satisfaction of debt within a specified time after the final payment.

Consult a real estate attorney in your town or Email us for a no cost initial consultation with one of our TX attorneys.

Answered on 9/05/00, 11:14 pm

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