Trouble With Tenant/buyer
I got a lease-option tenant/buyer who recorded an "Affidavit And Memorandum of Agreement Concerning Real Estate" at the court clerk. Now he defaulted on the monthly payment. I need to evict him, but I don't know what will happen with the clouding of the title. Anyone has any idea? :-?
I assume something has to be recorded to clear the memorandum. Can you get him to sign a Cancelled by Mutual Consent, which you will then record, in exchange for a friendly move out?
Brenda
This may be a silly question but do you own the house or is this a sandwich option?
I own it.
Thanks for your reply. I figure hat something needs to be filed to clear he title, I just don't know what.
Quote:
On 2004-07-13 16:35, bgrossnickle wrote:
I assume something has to be recorded to clear the memorandum. Can you get him to sign a Cancelled by Mutual Consent, which you will then record, in exchange for a friendly move out?
Brenda
Is your option contingent on the lease? (if they're seperate documents)
<<just me blabbing now, don't assume it's anywhere near accurate>>
It's my understanding the memorandum references the option. If they've defaulted on the lease, the option ought to have been invalidated. YMMV
Unless they will sign a Quit-Claim to release it, you will need an attorney to challenge it. Your Option should always forbid them from recording any such Memorandum. The act of recording it will render it null and void and of no legal force and effect.