QUESTION

Can I sue the landowner for foreclosing on the land I purchased as owner financed.

Asked on Mar 06th, 2014 on Breach of Contract - Texas
More details to this question:
1. I bought the land and building from pervious owner as owner finance. 2. I paid them every month for the past 5 years. 3. On the six year found out the owner took out another loan against the land and foreclose on the land.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The simple answer is yes, the previous owner violated your rights by using your property to secure a loan.  However, this situation doesn't smell right to me.  When the original owner sold to you, you, in the normal course, would have recorded that deed.  That would have shown up on any title search, and no lender would thereafter have loaned money to the previous owner secured by that property.  Or are you saying that there was another loan secured by the property BEFORE you bought it.  If so, why were you not aware of the loan?  Again, it would have appeared in the title search. Somewhere there's an important piece of the puzzle that I'm not getting.
Answered on Mar 06th, 2014 at 3:37 PM

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