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Updated almost 7 years ago,
I need a lawyer inorder to counter sue in Arkansas
A number of years ago I bought a house from a seller in Arkansas. The seller had made a cosmetic makeover on the house.
The tongue and groove flooring was not done correctly and it starting bulking not long after I bought it.
The house had a major drainage problem under the house where water would stand for long periods of time. ( it was not disclosed to me)
The house had been in a fire prior to him selling it to me. ( this was not disclosed either)
The seller was super willing to finance it to me at a price that was double what it was worth even if it it didn't have the issues. I was new to the area and didn't know the values of the area so I jumped at a owner finance deal. Since it was owner carry no appraisal was needed of course.
The payments I paid the seller after I paid taxes, insurance,& P&I where more than I got from my renters. I paid the seller approximately 30k plus. I moved out of the area since buying the property and my renters stopped paying. I made payments to the seller a number of months while not getting a check myself. I had to hire an local attorney do a eviction on the former tenants plus I paid 1k to clean out the house and cut the yard.
I contacted the seller and explained I needed to give the property back to him. I did this in a very polite manner. He let me know that he would not accept me deeding the house back to him and he would sell the property at a foreclosure sale and sue me for the difference. Since the property was so overpriced thier could be a big difference between what I owe a what a foreclosure sell would bring.
The seller did hire an attorney and started a foreclosure against me and my wife.
Now here is another issue the note and mortgage clearly stated that any recourse would be against the property only and no recourse against the borrower in the event of default. I pointed this out to seller's attorney. The Attorney then did an Amended Petition for foreclosure. Saying I did (extreme damage to the property and regardless to the terms of the note and mortgage I should be held liable personally, pay attorney fees, and any amount that was still owed after the foreclosure sell. And that the Plaintiffs never signed any documents waving thier right to cost and attorney's fees and had no acknowledgment that the "no-recourse" language was in the note and mortgage.
I have tried to resolve this issue without getting an attorney, but it seems that the seller's attorney feels that since I am out of town that they can role over me.
I feel like my best move now would be to counter sue them, for knowing selling me a defective property, then trying to undue the no recourse language. ( while the cat is way the mice will play)
Does anyone know of an attorney in or near Batesville Arkansas that could assist in this matter?