Posted by Robert M. Campbell on May 18, 2000 at 10:09:17:
You can learn about PACTrust’s by going to www.cal-equity.com.
From my point of view, this is the best (and safest) way to buy and sell real estate creatively.
I go to every PACTrust seminar I can . . . and continue to be AMAZED how versatile the PACTrust method is. I believe you will be impressed.
Robert M. Campbell
This Eviction++ is NO FUN… UPDATE - Posted by steph in tex
Posted by steph in tex on May 16, 2000 at 20:00:49:
ARGH…
Here’s the latest:
This lady I’ve told you all about…a
TBer who hasn’t made a single on time payment / has been in the property since Feb 1st…
Used modified Bronchick L/O forms, seperate lease / seperate Option.
She put down 1000.00 in Option money with a 1500 a month payment… 500.00 rent credit up to 5K…
Her atty now says she has “color” of title…
Our eviction postponed, rescheduled for a 2hr court session.
sometimes the learning curve smacks you up side the head.
Oh well… I’ll get her out…eventually…
my atty says it could take up to 8months (but she would have to pay her rent)
what a way to spoil a girls day…
BUT~
there’s always tomorrow! and i bet i don’t ever lease to another tenant like her! my standards just got much higher!
and I’m learning lots too.
steph in tex
Re: This Eviction++ is NO FUN… UPDATE - Posted by Finley
Posted by Finley on May 17, 2000 at 22:38:41:
Its a shame you don’t live in Arkansas. We have a criminal eviction law.
All you have to file an order stating that the rentee/leasee violated the terms of the lease. After ten days the local sheriff will ‘escort’ them from the property.
They may still have the right to sue afterwards, but at least they will be out of the property.
Re: This Eviction++ is NO FUN… UPDATE - Posted by d.henderson
Posted by d.henderson on May 17, 2000 at 21:35:30:
Steph!
Hello, even with evictions here in Texas, I think that it’s not very long 1-2 months depends on when you started the clock on the eviction.
Spend the money and get a real estate attorney that plays hard ball. I’d rather spend the money on an attorney that I can learn from and will be part of my team than giving the money to a low life.
grin but you know me. I take no prisoners
Dee-Texas
Re: This Eviction++ is NO FUN… UPDATE - Posted by Jim IL
Posted by Jim IL on May 17, 2000 at 13:32:38:
Steph,
The numbers you give here scare me a bit.
She only put $1k option money in and pays $1500 in rent?
Seems kinda thin to me, for her interest in the home anyway.
This is why I strive to get more option money from my T/B’ers.
If the T/B’er has more at stake in the deal they are more likely to perform.
I would NEVER let someone take control of my property with only $1k. (Even though I take control all the time with ZERO.)
And 8 months to get her out, NO WAY!
Your attny is probably just blowing smoke, or is getting ready to make sure this takes 8 months to jack up the fees for him.
Then again, I do not know Texas law, so I may be off base here.
Whatever happens, good luck and let us know,
Jim IL
This legal nightmare is one BIG REASON . . . - Posted by Robert M. Campbell
Posted by Robert M. Campbell on May 17, 2000 at 08:49:19:
I prefer using Bill Gatten’s PACTrust method instead of traditional lease-options.
With a PACTrust, the bottom line is that the tenents are clearly renters and can claim no equitable interest. That being the case, if they don’t pay, you can have them evicted in no time at all.
While the evicted tenents can still bring suit after they are out of the property and claim some form of “equitable interest” . . . the PACTrust agreement clearly demonstrates otherwise. They would be wasting their time and money . . . and will lose.
In my mind, PACTrust’s offer more protection (and benefits) for all parties while achieving the same results.
Robert M. Campbell
Re: This Eviction++ is NO FUN… UPDATE - Posted by Bud Branstetter
Posted by Bud Branstetter on May 17, 2000 at 08:16:03:
Steph,
We had one of the local JP’s speak at our last AIREO meeting. I knew you could file a bond to vacate the tenant from the property before judgement was final. But he said you could file the bond even before the court appearance.
I would expect HER attorney to claim color of title. Be sure you notified her that the option was void before you started the eviction. After you notify her of the loss of the option you can notify her of the violation of the lease and start an eviction.
Re: This Eviction++ is NO FUN… UPDATE - Posted by Laure
Posted by Laure on May 17, 2000 at 07:52:35:
It looks like this attorney is trying to demoralize you. I don’t know to what end though. He apparently has an agenda. I’m curious to know what.
Laure 
Re: This Eviction++ is NO FUN… UPDATE - Posted by JPiper
Posted by JPiper on May 16, 2000 at 22:10:19:
I’m assuming that the buyer’s attorney has made an “equitable title” claim. Kinda hard to see how that would be successful in light of Texas law on contracts for deed. Further if you used Bronchick’s forms it’s even more difficult to imagine. Eight months? No way. But make sure you’ve got a decent real estate attorney. Keep us posted.
Re: This Eviction++ is NO FUN… UPDATE - Posted by Troy M
Posted by Troy M on May 16, 2000 at 21:47:45:
Steph,
I don’t know since I’m no attorney, but…
I recently asked my attorney how difficult it is to get somone evicted from a Contract for Deed here in Texas. He said it depends on the amount of down payment. i.e. 10% down = evicted after 30 days, 20% down and you can evict them after 60 days (from notice). Seems like evicting a t/b should be even easier especially with the small down pymt. Let us know how it goes, I for one would like to see how this pans out. BTW, does your attorney specialize in real estate? Hope it works out for you.
Troy M
Re: This legal nightmare is one BIG REASON . . . - Posted by dew
Posted by dew on May 18, 2000 at 09:36:03:
How does one get more info. on PACTrusts.
Thanks much.