Legal Question in Real Estate Law in Texas

I sold my home under a land contract. There was and still is, a home equity loan on the property because I got the loan to build a new house. My intentions were to sell the house and use the payments to pay off the existing equity loan.

The buyers have been habitually late on their payments and didn't pay the property taxes until seven months after they became due. The contract also states that the property is to be kept "in good repair and condition." The buyers have demolished the property - fencing knocked down, trees and all landscaping cut down, all the exterior paint is peeling, exterior doors have water damage and are rotten on the bottom. I have no idea what the inside looks like.

I sent them a certified letter advising them that as specified in the contract, they have failed and neglected to make timely payments, failed to pay property taxes within 30 days of due date, and the house and property has been severely neglected. I told them that I would refuse to accept their late payment and was calling the balance due to be paid in full, otherwise, they have until 1/10/11 to vacate the premises.

They never went to the post office to get my letter, so I hand delivered a note to them advising that they should consider the contract cancelled.

I was taken hostage by the buyers. They wedged themselves between the drivers side door and the seat and attempted to take my car keys and grabbed the steering wheel and told me "you're not going anywhere til we get this settled." I told them that it was settled, the contract was cancelled. I was screamed at, berated, manhandled, and verbally abused. I am 70 years old and I was so traumatized that I have been in bed ever since.

I called the police while being held captive and asked for assistance, but the police never showed up, even though the police department is less than a quarter of a mile away.. Could be because one of the buyer's dad is a city councilman. I stressed that I was being held against my will, being verbally abused and was very scared and intimated by the two thugs.

What I want to know is, in view of the circumstances of this case and the buyer's threats against me, do I have to REALLY let them stay until January 10th or is there a way I can get them removed from the property sooner than that? I am afraid of those people.

Thank you.

Asked on 12/11/10, 6:00 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

I would have to read your contract to answer your question. Normally, in a sales agreement with a deed of trust, you would have to give a notice letter, an acceleration of the note, then a notice of foreclosure, and then foreclose. I don't know if you followed these steps or not.

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Answered on 12/18/10, 9:10 am

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