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All Forum Posts by: Cheryl Naegel

Cheryl Naegel has started 9 posts and replied 22 times.

Post: Land contract with unattached mobile home

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

HI! We have an "unattached" mobile home on 1/2 acre that we are selling. The buyers want to do a land contract, but I have read that in Ohio, we cannot do this because of the mobile home being unattached. Is there any other way to get this deal done? Maybe a lease with option to buy? I do not understand---this is our property and should be able to sell it whatever way we choose. Can someone explain this and/or give info on how to complete this deal?

Thanks!!!!  Cheryl 

Post: Indiana wage garnishment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Hi there and Thank you!----But my question still is---do I contact the Sheriff and send copy of the order to be served and pay him?--Or, does the court contact the Sheriff and have it served.  This question is not specifically answered in anything that I have read.  

When the proceeding supplemental for interrogatories  was served, it was I who sent the forms to the Sheriff and paid him for serving these forms. 

Post: Indiana wage garnishment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

HI----I've already paid the filing fee.  I paid that when I e-filed and the judge then signed the order.  My question is whether I serve it through the sheriff or if the court does that.  I just can't seem to find that out----

Post: Indiana wage garnishment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Hi there!  I recently won a lawsuit in small claims against a former tenant.  I have since obtained  a final order in garnishment, signed by the judge.  My question is, in Indiana, does the court serve the employer or is it my responsibility?  And if it is my responsibility, does the sheriff of that county do it?---and also, what other things if any need to be served with the order?

I have searched everywhere for this answer.  I could ask the clerk at the courthouse, but she will not answer any questions, as she just states "get an attorney" .  Up to now, I have done everything through e-file, pro se.  

Thanks to anyone who can help!!!!

Post: small claims suit and bankruptsy

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Hi there everyone!  Got a question.  In August 2016, I filed a small claims against a previous renter for damages. He did not show for the court date. So, after the judge looked at the evidence, I was awarded the money that I had sued for.  I have since on March 2, file a proceeding supplemental and order to appear which has been served successfully by the sheriff.  

The previous renter has contacted me and has stated that if I continue my case, he will file bankruptcy to keep from paying.

The amount is approx. $1,700.00.  

Can anyone tell me if he can do this, and if so what would be my next steps?

Thanks for any info!

Post: Capital Gains Indiana

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Thank you for that!  I have everything for the capital improvements, but was wondering if I can also use mortgage interest over the years also.  

Thank you!!

Post: Capital Gains Indiana

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Hi everyone!  I just sold my Indiana rental property on December 5.  I purchased it in 1994 and lived there until 1999.  I then moved and rented it out until 2003.  I then moved back in until 2004.  It has been a rental since.  

I do not know where to begin pertaining to capital gains and what I can claim.  Is there a list somewhere?  I have all yearly tax forms and expenses.

HELP !     THANKS!

Post: Indiana eviction and quiet enjoyment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Thanks to all of you for the advice!!!!---I will probably need more in the near future!---But until then, ---LUV you guys/gals!!!!!!!!!!!!!!!!!

Post: Indiana eviction and quiet enjoyment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Well,---Thanks SO much for the advice!!--Though, I was told by the Shelby Co. courthouse that there was a 10 day.---So much for them!   Anyway, I have since found out that the tenants have been evicted before, so I'm sure they know the routine.  

So, after the eviction, I plan on taking them to court for all the back rent, and anything they have destroyed.  Their wages have been garnisheed before also.  If they do anything to the house that I update, they will have to pay for that also.  This will be my 3rd small claims charge ----I keep pictures and receipts/paperwork---so I have always been awarded what's due me. 

But, what I really needed to know was ---do they indeed have a right to "quiet enjoyment" as they are being evicted? --You see, I live 120 miles away from the rental.  I work in the school system and will soon  be free for the summer.  This is the only time I have to take care of things that need to be done.  So, can they call the police on me if I am there working and they just don't want me there making noise?   You see, he works nights----so, can I just be like "sorry about your luck pal"? 

I have been so good to these people and they have taken such advantage of me.  I have not had one renter in the past 11 years pay rent as agreed.  I have bent over backwards for these people-----A young family that I felt sorry for.  ----I only clear $100.00 a month on this place and it is nothing but a headache.  I am not a landlord by choice---but only necessity.  I lived there at one time and my ex-husband talked me in to a interest only loan.  We then divorced, and he took everything I had--and then some.  Was only able to pay the interest for a couple of years and the amount kept rising every month---but I had to survive and was determined not to file bankruptcy-----I REFUSED to do that! ----So now, I think that with a few updates, I will be able to sell it at a good price and recoup a little extra.    

Anyway, if anyone has an answer for the "quiet enjoyment" question, I would be so appreciative!----And thank you for letting me vent---although, I didn't really mean to.

THANKS!!!!

Cheryl

Post: Indiana eviction and quiet enjoyment

Cheryl NaegelPosted
  • Real Estate Investor
  • New Richmond, OH
  • Posts 22
  • Votes 3

Hi there.  I have started the eviction process on my non-paying tenants.  They have received their 10 day notice, which ends June 2.  I feel sure that they will not vacate the property, but I plan to have repairs and updates done to sell it, while waiting for the court systems eviction process.  

My question is, do the non-paying/evicted tenants have the right of "quiet enjoyment"?-----The updates I am planning are power washing/new windows/landscaping.

Thanks for anyone who can answer this for me.  This home is in Indiana.

Thanks!

Cheryl