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  1. #1
    Join Date
    Aug 2011
    Location
    Middle of No Where, Oklahoma
    Posts
    2

    Default Lease Purchase Default, Eviction or Foreclosure

    My question involves a foreclosure in the State of: Oklahoma
    Hello,
    I entered into a "Lease-Purchase" agreement in March 2008 for a small home in a small town in Oklahoma. I agreed to pay $325 per month until $22,000 was paid in full. So each month or time I paid I have been building an equitable interest in the home. In May 2010 I had a heart attack, damage to my heart and now have congestive heart failure. I got behind on the payments, in December 2010 I signed over a 1999 Dodge Durango to the man I am buying the house from and it was my understanding that transaction would catch me up and pay me forward at 6 months as the vehicle Blue Books at $3895. In July he filed a Forcible Entry and Detainer against me listing I was in arrears $3400. I appeared in Court yesterday August 24, 2011, having done extensive legal research into this I had copies of the Oklahoma State Statute Title 41 Section 104 line 2, and Statute Title 46 Chapter 1 Section 1 thru 2 to back up my position that this was an illegal eviction due to the fact I have an equitable interest in the house, that the contract we signed in March 2008 an actual conveyance of real estate, not an actual lease or rental agreement and was classified as a mortgage and he would have to take me thru the foreclosure process not an eviction process, hence the Forcible Entry and Detainer was not legal. The judge became very angry and hostile towards me when I contested the proceedings, he has sent us to mediation for the money part and put off his ruling on possession until Sept 7, 2011. I need to find out if my position is legally correct before that court date or look for a new place to rent( really dont have the funds to move or hire a lawyer). The Judge also issued me basically a threat " If I find out I have the juridiction to rule on this on Sept 7, 2011, you will be given 15 mins to vacate the property", he barely let me speak, I thought he was going to rule without allowing me to say one word. From my understanding of the way the Statutes read if it were a lease with OPTION to purchase then he could evict, but an actual lease-purchase(cash for deed sale)is considered a mortgage and would have to be foreclosed on, is this correct? I just want to show up prepared for court and able to defend my position in the best way possible. Thank-you for reading my post, any help would be greatly appreciated.
    Lisa

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,774

    Default Re: Lease Purchase Default, Eviction or Foreclosure

    I urge you to get a lawyer. The resources here may be helpful.

  3. #3
    Join Date
    Aug 2011
    Location
    Middle of No Where, Oklahoma
    Posts
    2

    Default Re: Lease Purchase Default, Eviction or Foreclosure

    Thank-you for responding, I don't have the money to hire a lawyer but went to the resource you suggested and will contact Legal Aid Monday as well as OkLaw and perhaps someone can advise me how to proceed. Its a frightening thing to face becoming homeless without any means to prevent it, especially when a person is in failing health. I really feel this man is taking advantage of me, I also question his bookeeping practices! HE has numerous homes being sold/rented in the same manner as mine, we all deposit our payments into the same account, how does he seperate what payment goes where? How do i know I was given credit for every payment I made since all he basically receives is a teller stamped deposit slip with nothing on it indicating I made the deposit. I also have receipts for over $3500 worth of repairs I have made, the house did't have any working heaters in it when I took it over(he failed to disclose this to me) So I spent around $2000 for heaters and to bring the gas lines up to code......if he is claiming I am a renter then I should be given credit for this amount and that should void out his claim I owe him $3400 bucks, hence the Forcible Entry and Detainer remains an non-enforceable illegal procedure, correct?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,774

    Default Re: Lease Purchase Default, Eviction or Foreclosure

    You don't automatically get credit for modifications you make to a rental home, although the fact that you're managing the home in the manner of an owner as opposed to a tenant can help support your contention that it is a sale and not a normal rental.

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