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A california unlawful detainer judge found that there's an A california unlawful detainer judge found that there are an agreement to purchase real estate and not a landlord tentant agreement in an oral contract between two parties.I am on your own on the deed and loan.You'll find two houses on the lot, i live in top, an additional in the back.The party in the back stopped paying the loan payment.Avoiding foreclosure, i am short selling the landing page.The party in the back will not cooperate with the mortgage company's appraisal.May very well filed a breach of contract.My real question for you is, what case law can i use to file an ex parte or motion to compel the to meet the short sale.They are adamant to let the house go to foreclosures.What are my lightening fast legal remedies? If the mortgage is secured by the land underneath your premises, and the mortgage was saved prior to your"Sequel land sales contract, after that your only recourse is to pay the mortgage off, or bid on it at the real estate sale.Without one, the lending company can foreclose your interest via a trust deed sale, because the recorded trust deed has legal priority over your interest in the exact property.Dept.Using treasury); (5)By mingling with me in this public forum you are irrevocably waiving any right to privacy, secrecy and attorney client privilege concerning the matters discussed.You further separately declare that any payment made by you is not particular attention for this contract, nor offered for any services rendered by me in your stead, but alternatively is made in genuine admiration and respect for my desire to help others.If you do not agree with these finer points, then you must advise me suddenly. 4 prohibited, Applied for an oral contract with another party to purchase 2 homes on a lot.I grew up in the front house, another lived in the back.I am alone on the deed and loan.They took advantage of the mortgage loan mod and refused to continue to pay their 1/2 of the mortgage pending the mortgage loan mod.I filed a ud ever from when they were not on the deed.The judge found there about being"A to purchase real estate and not a landlord tentant agreement"Linking us.I filed in 3/09 a go against of contract, oral and to be able to short sale to save my credit, up to.Additional party is refusing to cooperate with the short sale, they want it to foreclose since they have you win.They'll not allow the appraiser to see their home.My real question for you is, what legal alternative can i do(You want case law too)To compel them to work?I want to be them out and a ud won do it.I could.Do i file a actions?Partner parte, the type.Please point me in the perfect direction.Regards Carefully, consumers?A real difficult problem.What you have signed with the buyer is called an"Fitting up land sales contract, it is rarely used in arizona, because it absolutely awful for the seller however, if the buyer defaults which is what happend to you. The legal pleading to get out from under video clips a quiet title and ejectment action.Quiet title gets the court in order to sole title to you, and ejectment gets you a writ of possession the actual owner. May incorporate an ex parte order to show cause requesting an injunction ordering the defendant ot permit entry to the property for appraisal, on grounds that failure to do so immediately will render the entire case moot as you are at risk of losing house in foreclosure due to the defendant failure to pay your the contract installments. Heading to gatlinburg often one b of a pleading to write.You won find a form for the.You often will piece something together at a law library, but little bit, if you need to it done fast, you would like a real property lawyer, for my part. Well, you asked for case law here is a few sentences from my research: A device formerly used by sellers to finance real property and assets sales, but sometimes used since the mid 1960s, is the payment land contract(Also called as a"Land transaction contract"). (On the details of this matter, see california real property sales contracts, guy 9(4th ed california CEB 2007)).If a buyer breaches a payment land contract, the seller may bring a quiet title action your buyer, effectively terminating the buyer interest in both the contract and the property or home.Take a look at petersen v hartell(1985)40 C3d 102, 219 CR 170.Quiet title may be merged with ejectment, if required.On suppressing title and ejectment, read chaps 7, 10.Greene v city court(1975)51 CA3d 446, 124 CR 139.Selfhelp(Foreclosure without court process)Renders the owner subject to damages.Nike air nike test v talbot(1961)55 C2d 597, 12 CR 488. A decree quieting title in the seller favor and against the buyer interest has the same effect as a strict property foreclosed against a mortgagor or trustor equity of redemption. (On equity of payoff, see ca.Mortgage and Nike Running Shoes Outlet UK deed of trust practice 3.62(3d ed california CEB 2000). )For this reason, the buyer must be given notice and possibility to perform(See before its rights are completely shut down.Petersen v hartell, supra, pricing keller v lewis(1878)53 f 113, 118.If the buyer does not redeem the house and property(See the court will quiet title solely have the seller, who must refund to the individual any excess payments received(See over the owner actual damages(See honey v henry operation leasing corp.Most typically associated with am. (1966)64 C2d 801, 52 CR 18. Your own home seller quiets title by judgment or by stipulation, if the vendor does get the land back, it may be foreclosures a lien for any federal taxes owed by the buyer.The lien attaches to the buyer right to recover the amount paid toward purchasing.Encounter bensinger v davidson(Sd california 1956)147 ver Supp 240.If the fitting up land contract has been recorded, the seller must quiet title against the defaulting buyer reliable buyer has deserted the premises.See guy 7.Even if the installment land contract is not recorded because it contains a clause barring its recordation, the clause may contravene public policy and the contract may be forced.Analyze resh v pillsbury(1936)12 CA2d 226, 230, 55 P2d 264. 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