All Forum Posts by: Anthony Nieves

Thanks Caroline, all arbitration was stated on the assignable agreement, he has once backed out by giving my number to his drug dealing, using room mates to call me text me, harass the title company we were originally with. Our lawyer sent them a certified letter stating we will sue for specific performance, especially after they have changed the locks denying us entrance to the property, we have sent a copy of the memorandum in place with the court house, as well as another copy of the contract highlighting where he signed and initialed were the prevailing party will/can be compensated for legal expenses and we need access to the property, which was listed with a realtor while STILL in contract and is now showing pending a sale. My mentor says that once it goes to title, they will have to contact me for a release, which given the circumstances and all the efforts invested, time and manpower, we will refuse to signe a release. His daughter was the brain child to start this mess. 

Thank you both Wayne Brooks and Eric  James for your valuable knowledge and input 

This homeowner decides he wants to back out of a contract after we invested our time and efforts into coaching him how to get rid of his  bad drug using and drug dealing tenants which we had permission to record cleaning out the home, offering to help him sell his belongings on Facebook getting rid of pests and beginning our re-hab. We have filed a memorandum, we have not signed a release for the contract, and yet it is now showing pending on Zillow in a sale. Is this even possible and would the realtor in charge be aware of whats going on? Would the realtor be responsible as well having to have done her own due dilligence? We are seeking a civil lawsuit for specific performance. Any sage advice from the BP investors/lawyers would be greatly appreciated. Thank you 

This homeowner after accepting my offer and my $1,000 earnest deposit in the title company, has for the 2nd time tried to back out of selling us the property, and now listed the property with a realtor! While we still have a memorandum filed in the courthouse due to the first time, and we have not singed a release form of any sort. We've helped clear out the bad tenants that didn't pay him rent because he was too coward to ask them to leave, we bought him food, he was scared for his life and even asked if I would stay over, gave me a set of keys. Sure enough his daughter who wasn't there to help him with his mortgage, bad tenants, backed up taxes, now convinces him he can get more for the property as is. We are currently having a lawyer draft a letter and make calls to the homeowner. Question? can the realtor get in trouble for trying to sell a house that is still under contract, when the homeowner is about to get sued for specific performance. Any other sage advice from you real estate gurus? 

He's violating his contract by not letting me into the house! How would we close if he won't agree at this point? 

Hello, this chicken-$hit homeowner has decided tom let his daughter talk him out of selling the house to me, we've already decided to wholesale it... Something I should've done out the gate. After I helped clear out the drug using /dealing non-rent paying people that were taking advantage of this guy, he tries to back out! I already filed the memorandum with the court house the first time he flaked, and now my lawyer sent a letter threatening to sue for specific performance. I've blasted the property out to my known buyers/re-habbers. I  even asked him if he minded to be recorded confirming his willingness to move forward after the first time and we got him back to the bargaining table and both him and his sister signed a release to the title company as well as agreed to the video recording, but the daughter "smelled" $ and convinced him to back out around 2 weeks afterwards. 

Any other sage advice on this matter?

Hello Steve Hiltabiddle, thank you for the professional sage advice, as it turns out the friend/private lender is so comfortable with my decisions, she is ok with me drawing up our own promissory note stating that I will be in debt to her for the amount agreed upon. And yes, I have an exit strategy with 300 + investors we can flip the property to, if we decide to do so. Thanks again, this platform is awesome! 

Hello I have a private money lender willing to lend on a recent property I have in escrow, although she trusts me wholeheartedly, I'd like to enter into an agreement with her so she will be a lien holder. Any good suggestions or a template I can use? 

Thanks and God bless this platform! 

Thank you Theresa Harris, and yes I did put a memorandum per the advice of many of the great people on this platform and other wholesalers that have had the same issue. 

Thank you for that reply Mr. Jack Orthman. I am currently sending an email blast with photos and property description to 300 + investors in my data base to see who will be willing to purchase the agreement if I do resolve before it goes that long. I need to find a lawyer willing to write that first "boo" letter, that might just change the homeowners mind. Any suggestions for a good attorney that would do that?