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All Forum Posts by: Amy Nguyen

Amy Nguyen has started 6 posts and replied 18 times.

Hello, 

I live out of state and just checked the mail to see the letter today. I will try to find an attorney tomorrow and see what we can do.

I owner financed 5 acres of land to a gentleman with an auto salvage business in 2013. I find out that along with the buyer I am named in a lawsuit for unpaid property taxes.  He owes about 5k in unpaid property taxes.  He claims to have made several payments of $500 and $1k for past several years.  However records show no payments for 2015-2017.  The buyer has no clue that he is in a lawsuit or that the case will be going to trial tomorrow.  Correct me if i am wrong but there is potential for the property to auctioned by the county? At this point i feel i should pay taxes to prevent that and should i also forclose on buyer?

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0
Originally posted by @Troy Gandee:

I just recently had an annoying Sect 8 deal. Some folks I work with found a rental that they wanted to add to the portfolio. I helped them buy it and the transaction went pretty well throughout escrow. I had a terrible time getting ahold of the listing agent or the seller throughout the whole thing, though. Once we finally closed, the attorney did not know what day the Housing Authority dispersed checks and they couldn't get ahold of them. Then there was an issue on the HUD and the sellers wasn't able to be there because he had a minor surgery. He had already signed all of his docs, but since we made a change, we had to get a new signature from him. By the time he finally signed, the rent had been dispersed by the HA. We had 0 idea where the security deposit was and the property wasn't managed. We also needed the seller to sign a HA doc to transfer landlord rights, but the one that we were sent was wrong, so then we had to add the new one to the list of things we needed from him. I had to get the attorney to call the guy over and over while I tried to get the listing agent to answer (who was very unhelpful). I even tried to track the guy down on Facebook. Finally, my client saw that his number was scribble on the old lease that we were sent and she was able to get ahold of him herself. He was actually very nice and was able to get the form to her, the security deposit and the remainder of that month's rent. I would suggest that you try to find out exactly which HA that property is jurisdicted through and try to reach a supervisor. Most of the people we talked to just pushed their pencils and didn't care about our issue at all. I would also continue to get the attorney to hound them to try to find out what they can. It's sounds much more pressing when the attorney is calling them. Sorry for the long post. I just thought I should tell other folks thinking about Sect 8 that they need to do their due diligence to be absolutely sure that they have all of that stuff lined up before the closing date.

Thanks Troy, luckily you had helpful people. The Housing Authority just tells me I need to get the disbursed payment from the seller. The seller does use a PA so I am waiting for their documentation of the security deposit being used for the late rents and for this month's disbursement. The lady sounded nice and wanting to help so I kind of feel relieved, however, it is not over yet. Cross my fingers.

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0
Originally posted by @Scott Weaner:

That is why I have a lawyer at every closing. She protects me from such nonsense.

You should have gotten the security deposit and the Section 8 payment credited at closing.

 Yes, I am a noobie. Did not do enough research before purchase. Just learning from experience. 

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0

Listing agent tells me to contact the property management company. Really??

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0

I thought escrow would take care of everything. This is my first time so I really didn't know what to expect. :(

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0
Originally posted by @Marc Freislinger:

What did the purchase contract say?

Normally, the rent would be prorated and the security deposit would be transferred to the new buyer on the HUD at closing.

If that didn't happen, and the contract says it should have, you'll probably have to sue the seller for your money. If the contract says otherwise, you might be SOL.

Yes, It does show in the contract. It says, "If the Property is subject to a residential lease, Seller shall transfer security deposits (as defined under §92.102, Property Code), if any, to Buyer. In such an event, Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has received the security deposit and is responsible for the return of the security deposit, and specifying the exact dollar amount of the security deposit."

Post: Security deposit after purchase

Amy NguyenPosted
  • Houston, TX
  • Posts 18
  • Votes 0

I just purchased my first property which is a duplex. One side is vacant and the other side has a section 8 tenant. 

I have 2 issues, the security deposit and the rent payment for this month.

1. I asked the listing agent for the security deposit and she said the tenant was behind on rent so they used it to pay for her rent. I talked to the tenant today and she said that she was behind because she was in the hospital for 3 months but she still paid the rent. I just closed last week so I am in the process of submitting paperwork to switch the section 8 to my name and have payments forward to me. This will take 30-60 days. How can I get that security deposit from the seller? My lease contract in section 9(5) of TREC NO. 20-12 says, "Seller shall transfer security deposits (as defined under §92.102, Property Code), if any, to Buyer." Should I have tenant get it from them?

2. I called section 8 and they said they disburse payment in the beginning of the month so February was already paid for. I closed on 2/5/16 and the section 8 paid 70% of the rent to the owner, the tenant pays the other 30%. How would I go about getting that money for this month? Should I ask the listing agent about it?

After that email, the listing agent called me just now and said the seller will change the date if I remove the 2k seller's contribution. They read my mind :). I asked if she can meet me halfway at 1k. Ahhh!!! I may be saved!!! Thanks all for the advice.

My dad became a realtor to buy land for farming. I had him renew his license just to make this purchase. I did everything myself even with the contract and negotiations to the listing agent. I am pretty much alone in this and my last chance is that email to the seller. If they reject it I will try again by offering to cancel the 2k seller contribution to closing cost.