Legal Question in Real Estate Law in North Carolina
in 2005 i financed a house on my property to a couple , where as all rent payments of $444.00 would go to purchasing the property over a 12 year period. a rent to own agreement which included approx. .7 tens of an acre and house. inmay of 2012 they fell behind in their payments and continued to oct. 2013 current.
in january 2013 i fild eviction papers which were delivered by the local sheriff. a few days later they filed for bankrupsy. and
on march 12 had the first meeting for creditors. since then very little has been done, no restructor of payments to me or nothing but one payment for $444.00in april 2013. they are living in my house/property for free, i can"t get info from the court on the situation. what must i do to get them out of the house and file with the court for action. thanks carl smith
1 Answer from Attorneys
You've got some issues here.
First, when you do a rent to own or a land purchase agreement, you can't use the summary ejectment process to evict. The magistrates will not rule and will kick it to district Court.
Next, you have to be very careful with these situations to make sure you are handling them right...rent to own agreements almost always fail.
Next, you need a bankruptcy attorney. 1. You WILL NOT be paid until you file a claim with the Court. The Court cannot advise you on what to do. You can either file a claim or hire an attorney to file one for you.
If you don't get paid after doing this, then you need to file a motion for relief from stay in the bankruptcy court to get permission to file a state court action.
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