!@#$%^&*
! @ # $ % ^ & *
The bad news is -- I'm moving. Yup. After finally getting all moved in and finally starting to look like MY home, the whole deal on buying this house suddenly went south. Long story short, the man who was representing himself as the Owner of Record had done NOTHING to register himself as executor of his mother's will. Therefore, he was NOT AUTHORIZED to put the property up for sale OR to rent/lease or give it away.
The whole fiasco unfolded a week ago following the bank's appraisal of the property. The bank countered my original offer with a slightly higher figure (which I would have GLADLY paid). THAT is when the "owner" clearly stated that he would only sign the new contract IF I paid HIM $5,000. Excuse me?! Can you spell EXTORTION?
Upon my request, a gentleman who I have become friends with through my association with one of the local Meetup groups jumped in to act as my "business advisor" and took on the realtor, the real estate broker AND the so-called "owner" over the next few days. He said, "I am always careful about threatening lawsuits, but CLEARLY this guy must think you have unlimited money to spend and no brain." Bottom line is, the sale is a SHORT SALE and when that is the case, the owner agrees that they will take NO PROFIT from the sale of the property. Obviously, the so-called owner thought he could get some money on the side. Can you spell EXTORTION? Can you spell BANK FRAUD? I was having NONE OF IT.
What followed was four days of nail-biting while my friend tried his best to get this deal straightened out. Unfortunately the so-called owner is some kind of nutcase (or just doesn't have the good sense God gave a turnip). It ended up with him showing up at my door last Friday -- standing outside banging on the door, leaning on the doorbell, screaming threats and generally making an ass of himself. I phoned 911 and waited, shaking like a leaf.
An officer from the Collier County Sheriff's Department got here in record time (under 7 minutes) but by the time he arrived, the so-called owner was gone. He left an envelope outside the door which the officer picked up and opened for me. It was a 7-Day Notice to Vacate. The officer assured me that in its present form, it was meaningless and explained the procedure that a landlord or owner has to go through in order to get a tenant out. He assured me that I had nothing to worry about and said, "If he comes back here, call 911 IMMEDIATELY."
Sounds good, but I will admit that was the MOST SCARED I have EVER BEEN in my ENTIRE LIFE! I don't know this man and have no idea what he is capable of. I just know that I have every legal right to be here; he is NOT my landlord as I have been paying my monthly "rent" directly to the HomeOwners Association because there were HOA fees in arrears on this property to the tune of $5,000.00 when I moved in mid-April.
Despite my friend's best efforts to get the deal back on track, by Monday it was apparent that the so-called owner had backed himself into a corner. His last words to the realtor were "If there's nothing in it for me ($$) I will just let it go into foreclosure." I had to laugh about that statement because it's not up to HIM what the bank does because he has no legal claim to the property. Period.
On Monday evening, I received a Termination of Contract notice from the realtor via email. My friend had warned me just hours earlier to call my Maryland bank and STOP PAYMENT on the $1,000 check I had submitted when I signed the contract back in March. It's a good thing I did because the section about "returning deposits" was crossed out. The realtor FULLY INTENDED TO KEEP MY DEPOSIT! Talk about a bunch of crooks...I am still shaking my head over it all.
Yesterday (Wednesday) I had an appointment to consult with a real estate attorney downtown. Ms. Lademan is young, but very sharp and very well-respected in the legal community here. We spent an hour discussing the case and I told her that at THIS POINT, I felt the place was so tainted by all this misrepresentation and dealing with a loose cannon that I wouldn't take it if they were GIVING IT AWAY.
Her advice to me was to get myself together and make arrangements to move out as soon as possible. She said that the 7-Day Notice to Vacate wasn't proper, but that it might not take the so-called owner too long to figure out what he would have to do to correct it. As I am currently "renting" from the HomeOwners Association, I am protected by some section of Florida Statute Law concerning rent, but I don't want to push my luck. My rental arrangement with the HomeOwners Association will expire in mid-September, so I have already started looking for a new place to hang my hat.
Attorney said she would dash off a letter to the so-called owner and copy the realtor on it. She phoned last evening to give me a heads up and to tell me that she sent me a copy of the letter via email. I was out with the Meetup group until 8:30, but could hardly wait to get home to read it!
GREAT LETTER! I haven't included the bulk of it, but the last paragraph is just so PERFECT I must share it with you:
"Should you continue to harass or make any additional demands against my client, she has authorized this law firm to file suit for claims against you including, but not limited to, breach of lease, breach of contract and fraud. Any claims filed will include a claim for attorneys fees incurred during the pendency of litigation. Govern yourself accordingly."
I LOVE that last statement: GOVERN YOURSELF ACCORDINGLY. I think it's going to become one of my pet phrases.
I will admit that I took this disappointment pretty hard. Here I am -- just barely 9 weeks in my new home and WHAM! I have to pack up and move again. I sold all my moving boxes to my neighbor's girlfriend last month to clear out the garage AND I just finished building overhead storage in there! Argh! (Luckily, we put it all together with SCREWS so it will be easy to dismantle). I just picked up the rug I ordered for the living room last week. I just replaced the broken mirror in my curio cabinet and was just about to unpack all my little chotchkies and put in there when all Hell broke loose.
If I think about it too much, I get a very upset stomach. Moving is such a pain and expensive, to boot. But I don't have much choice in the matter.
I like the house and I love the neighborhood, but I guess it just wasn't meant to be. On the bright side, there are lots and lots of places to choose from here in Naples and somehow I am thinking that the Universe didn't want me to stay here; that the place I am SUPPOSED TO BE is somewhere else. My therapist and my financial advisor had both told me to just come to Naples and rent for a year, but when this house deal came up, it was just too good to pass up. Live and learn, I guess. Who knows? In another year I might just sell everything and buy that house on wheels. But for now, the search is on.
So today is July 4th -- always a bit of a reflective day for me as my mother died suddenly 37 years ago today on the Bicentennial. But I have to keep thinking positively and I am going out this evening for a dinner cruise on the Marco Island Princess with 11 members of the Naples In-Betweeners Meetup group. Two other ladies and I are carpooling over to Marco Island and I have agreed to be the designated driver. Dinner, drinks, music on the boat and watch the fireworks from the Gulf of Mexico. By the time the boat gets back to the dock, most of the fireworks traffic should be gone. Sounds like fun and I am looking forward to it. Might have to get a nap this afternoon to guarantee I can stay awake for the festivities.
Thanks to all my DS friends for the private messages and support during the last week. I promise to do more frequent updates -- WHEN things finally settle down. xoxoxo
The bad news is -- I'm moving. Yup. After finally getting all moved in and finally starting to look like MY home, the whole deal on buying this house suddenly went south. Long story short, the man who was representing himself as the Owner of Record had done NOTHING to register himself as executor of his mother's will. Therefore, he was NOT AUTHORIZED to put the property up for sale OR to rent/lease or give it away.
The whole fiasco unfolded a week ago following the bank's appraisal of the property. The bank countered my original offer with a slightly higher figure (which I would have GLADLY paid). THAT is when the "owner" clearly stated that he would only sign the new contract IF I paid HIM $5,000. Excuse me?! Can you spell EXTORTION?
Upon my request, a gentleman who I have become friends with through my association with one of the local Meetup groups jumped in to act as my "business advisor" and took on the realtor, the real estate broker AND the so-called "owner" over the next few days. He said, "I am always careful about threatening lawsuits, but CLEARLY this guy must think you have unlimited money to spend and no brain." Bottom line is, the sale is a SHORT SALE and when that is the case, the owner agrees that they will take NO PROFIT from the sale of the property. Obviously, the so-called owner thought he could get some money on the side. Can you spell EXTORTION? Can you spell BANK FRAUD? I was having NONE OF IT.
What followed was four days of nail-biting while my friend tried his best to get this deal straightened out. Unfortunately the so-called owner is some kind of nutcase (or just doesn't have the good sense God gave a turnip). It ended up with him showing up at my door last Friday -- standing outside banging on the door, leaning on the doorbell, screaming threats and generally making an ass of himself. I phoned 911 and waited, shaking like a leaf.
An officer from the Collier County Sheriff's Department got here in record time (under 7 minutes) but by the time he arrived, the so-called owner was gone. He left an envelope outside the door which the officer picked up and opened for me. It was a 7-Day Notice to Vacate. The officer assured me that in its present form, it was meaningless and explained the procedure that a landlord or owner has to go through in order to get a tenant out. He assured me that I had nothing to worry about and said, "If he comes back here, call 911 IMMEDIATELY."
Sounds good, but I will admit that was the MOST SCARED I have EVER BEEN in my ENTIRE LIFE! I don't know this man and have no idea what he is capable of. I just know that I have every legal right to be here; he is NOT my landlord as I have been paying my monthly "rent" directly to the HomeOwners Association because there were HOA fees in arrears on this property to the tune of $5,000.00 when I moved in mid-April.
Despite my friend's best efforts to get the deal back on track, by Monday it was apparent that the so-called owner had backed himself into a corner. His last words to the realtor were "If there's nothing in it for me ($$) I will just let it go into foreclosure." I had to laugh about that statement because it's not up to HIM what the bank does because he has no legal claim to the property. Period.
On Monday evening, I received a Termination of Contract notice from the realtor via email. My friend had warned me just hours earlier to call my Maryland bank and STOP PAYMENT on the $1,000 check I had submitted when I signed the contract back in March. It's a good thing I did because the section about "returning deposits" was crossed out. The realtor FULLY INTENDED TO KEEP MY DEPOSIT! Talk about a bunch of crooks...I am still shaking my head over it all.
Yesterday (Wednesday) I had an appointment to consult with a real estate attorney downtown. Ms. Lademan is young, but very sharp and very well-respected in the legal community here. We spent an hour discussing the case and I told her that at THIS POINT, I felt the place was so tainted by all this misrepresentation and dealing with a loose cannon that I wouldn't take it if they were GIVING IT AWAY.
Her advice to me was to get myself together and make arrangements to move out as soon as possible. She said that the 7-Day Notice to Vacate wasn't proper, but that it might not take the so-called owner too long to figure out what he would have to do to correct it. As I am currently "renting" from the HomeOwners Association, I am protected by some section of Florida Statute Law concerning rent, but I don't want to push my luck. My rental arrangement with the HomeOwners Association will expire in mid-September, so I have already started looking for a new place to hang my hat.
Attorney said she would dash off a letter to the so-called owner and copy the realtor on it. She phoned last evening to give me a heads up and to tell me that she sent me a copy of the letter via email. I was out with the Meetup group until 8:30, but could hardly wait to get home to read it!
GREAT LETTER! I haven't included the bulk of it, but the last paragraph is just so PERFECT I must share it with you:
"Should you continue to harass or make any additional demands against my client, she has authorized this law firm to file suit for claims against you including, but not limited to, breach of lease, breach of contract and fraud. Any claims filed will include a claim for attorneys fees incurred during the pendency of litigation. Govern yourself accordingly."
I LOVE that last statement: GOVERN YOURSELF ACCORDINGLY. I think it's going to become one of my pet phrases.
I will admit that I took this disappointment pretty hard. Here I am -- just barely 9 weeks in my new home and WHAM! I have to pack up and move again. I sold all my moving boxes to my neighbor's girlfriend last month to clear out the garage AND I just finished building overhead storage in there! Argh! (Luckily, we put it all together with SCREWS so it will be easy to dismantle). I just picked up the rug I ordered for the living room last week. I just replaced the broken mirror in my curio cabinet and was just about to unpack all my little chotchkies and put in there when all Hell broke loose.
If I think about it too much, I get a very upset stomach. Moving is such a pain and expensive, to boot. But I don't have much choice in the matter.
I like the house and I love the neighborhood, but I guess it just wasn't meant to be. On the bright side, there are lots and lots of places to choose from here in Naples and somehow I am thinking that the Universe didn't want me to stay here; that the place I am SUPPOSED TO BE is somewhere else. My therapist and my financial advisor had both told me to just come to Naples and rent for a year, but when this house deal came up, it was just too good to pass up. Live and learn, I guess. Who knows? In another year I might just sell everything and buy that house on wheels. But for now, the search is on.
So today is July 4th -- always a bit of a reflective day for me as my mother died suddenly 37 years ago today on the Bicentennial. But I have to keep thinking positively and I am going out this evening for a dinner cruise on the Marco Island Princess with 11 members of the Naples In-Betweeners Meetup group. Two other ladies and I are carpooling over to Marco Island and I have agreed to be the designated driver. Dinner, drinks, music on the boat and watch the fireworks from the Gulf of Mexico. By the time the boat gets back to the dock, most of the fireworks traffic should be gone. Sounds like fun and I am looking forward to it. Might have to get a nap this afternoon to guarantee I can stay awake for the festivities.
Thanks to all my DS friends for the private messages and support during the last week. I promise to do more frequent updates -- WHEN things finally settle down. xoxoxo
Replies
Wishing you the best. I am so sorry that you had to go through all the craziness.
Kathi! I don\'t usually look in the journals much but this entry was in the middle of my screen when I logged on today. I\'m sorry this is happening. I can\'t believe that guy is such a jerk. But I also think your real home is waiting for you now. Who knows why these things happen but you always come up trumps, my friend. This time won\'t be any different!
Kathi - So sorry you\'ve had this hassle and upset in your life. I agree with you though - there is someplace else that you are supposed to live. It sounds like you\'ve had some great support in the process, which is a big plus when dealing with this type of thing. Wishing you all the best as you search for a new place!
Hugs,
Tracy
All I can say is that sucks, it\'s awful and the homeowner is an asshole! However, Trust your Journey my friend. Everything is happening as it should. Try not to worry too much about it. I KNOW that you will find exactly what your looking for and be very happy. I hope you had fun last night!
I was just thinking about you and wanted to say hi.
My thoughts and prayer are with you kathi...
You are one of the nicest persons that I know....... You help so many here including me.... Surly God knows and I have a feeling that....he\'s going to take care of you.. There\'s a reason that you\'re suppose to leave there... We know not what ... But we must believe and trust in his wisdom.
I can\'t wait to hear about your new place .... I have a feeling that it\'s going to be unbelievably beautiful.. Always .......... your friend Timeman Bob
As much of a mess as this was/is...it would seem like the information came in a very timely mannor and saved you some strain on your wallet. Of course, you now have a very competent attorney and it looks like things are wrapping up rather neatly. Way to go in keeping as much of a positive attitude as you could in the situation and good luck in your search for a new place to hang your hat. I\'m rootin for ya!
Welcome to the new wild west commonly known as South Florida!!! Real Estate is definitely the stand in for the gold rush role...
I am sorry you are having to pull up your roots again and move. How frustrating. You definitely have a great attitude about it all and I know that there is the perfect place for you just a few miles away. I\'m glad you stood up for yourself and did 911 and lawyer\'s advice. Good thinking on both levels. Can\'t wait to hear about your new home.
Sorry to hear about the real estate problems and the crazy non-owner. As you said things happen for a reason and there is probably a much nicer place waiting for you to find. I am also glad that you have met some decent people at your Meetup groups. Take Care and Happy Hunting!!!
I have been in Alabama and haven\'t had a chance to look at DS but saw this in my e-mail. I agree. It wasn\'t meant to be. There are better things ahead for you! On a side note, I wish that Hurtin and I had Meet Up groups like you have! Hugs and prayers!
Diane
Holy Cow...this sucks. Love your attitude GF. This truly is not where you are supposed to be...trust trust trust...Big Hugs...Kathy
Kathi, I am so very very sorry to hear about this fiasco that has transpired with the purchase of your new home. It definitely must mean there is something even more perfect for you out there.
I am so sorry it has taken me so long to find out about this and to offer my support, but I have been avoiding DS a bit lately after getting so irritated about it not working properly.
I will be praying for a perfect solution for a home for you. This had to have been so surreal and scary. I am so very sorry you are having to move yet again!! Big ((hugs))
I am late to this news--I\'ve been on vacation the past week. I\'m so sorry to hear about this--how frustrating! As someone who lived in short-sale hell for 8 months, I certainly feel your pain.
I don\'t blame you for walking away from this. Sounds like you have a good attorney once again; let her handle it. You will find a new place that will be great--have faith! Sending hugs!!
Crumbs... what a mess. But, wow, how YOU handled the whole situation. I\'m impressed. Don\'t mess with a strong woman, right?????????????