My question involves a foreclosure in the State of: Oklahoma
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.