Posted by John Merchant on August 22, 2003 at 18:31:04:
I’d advise anybody NOT to talk directly to any law officer, without his attorney being right there; in fact, your attorney should contact the AG and see what this is about & take care of it for you. Without your even being there.
Visit requested by Attorney General’s Office - Posted by NC Homebuyer
Posted by NC Homebuyer on August 20, 2003 at 09:02:38:
Situation:
I bought a house sub2. I used a contract similar to the France’s, I used an addendum with due on sale disclosure, I also used LeGrand’s due on sale letter, all signed. I verbally explained to the sellers how it worked. They thought about the deal for two to three weeks. I bought the house.
They were two months behind. They moved out at the end of March, I took possession and moved people in on April 1. I sent a check for three months, (2 back + current) to the lender. I also sent POA with a change of address request.
I talked to the lender after they received the POA and found that an additional $880 was required for back late fees. They held check #1 until check #2 arrived, about April 22. Then all is well, no late payments.
Sellers tried to obtain a loan for a new home. Due to many late payments and a 60, 90 day late they were unable to do so. They called the lender several times (possibly telling them they sold the house.) They called me and asked why I was so late in paying the loan. I wasn’t. As I said, the lender didn’t cash the initial payment until the additional $880 arrived.
I just called the lender and according to customer service, no problems with the loan.
Sellers talked to an attorney who sent a letter requesting I give the house back due to my negating our agreement by paying late. (I didn’t pay late and on-time payments are not stated in the agreement). My attorney said ‘no problem, give him a call’. I called and left message. The next day, the NC Attorney Generals office calls stating “questionable business practices” and want’s me to drive to Raleigh for a meeting.
I am not sure what to expect. I have disclosed the due on sale clause to the point of scaring sellers.
I am setting an appointment with my attorney ASAP and will follow up with more details as I get them.
I know the sellers are PO’d because they’re credit is messed up. I did not do the messing. Any ideas what’s going on? I am nervous, thus this post and request for comments.