Posts tagged Idaho

Question : Help! I have a mess on a lease purchase agreement in Idaho!?
We were purchasing a mobile home from a private individual and our contract started in 2/07. We had no problems until June of 2009. I lost my job and was late on a couple of payments. The contract was for four years. Toward the end of June she presented us with an eviction notice and a demand for payments totaling over $ 2500. She claimed that it was for missed payments and late fees. We were stressed with job loss and health isssues with our three year old so we scraped up the cash and paid her. This got her off our backs until January 21, 2010 when she again showed up on the doorstep with yet another demand for payment with “Misc. late fees added”. I went back through my bank statements and found over 10 payments she had stated we missed and had charged us for on her notices. In addition she was charging 115$ per month late fees and the contract explicitly states the late fees to be 10% of the payment (our monthly amount was 284 so late fees should have been $ 28.40.) By this time I had secured a pro bono attorney and forwarded all information to him. He said not to worry about it and he will call us when she acts up again. Well that was in february and by aug. I called his law office to touch base and spoke with his para legal. She stated that she believed the lawyer had managed to reach an agreement with this crazy woman. Well, he apparently dropped the ball because on Oct. 15 this year she showed up on my door with a demand for $ 5500 and a 3 day notice. I told her it was illegal and ordered her off the property. the following week she paid someone to serve us with a three day notice that she had filed through the court system. I filed for a continuance on the grounds that the notice was a lease purchase and doesn’t meet Idaho statute for an expedited eviction and explained in the continuance that I needed time to get original bank records proving my payments were made. In addition she did wait the full three days needed to file for the eviction so it was illegal on that point as well. The judge agreed with me and set the hearing out until Nov. 16th. I attended the hearing and the judge explained to her the same thing. It is a lease purchase so it does not qualify for and expedited eviction. Now, heres where things get really bad. We had been out of the state from Oct. 27 until the morning of Nov. 16, the day of the hearing. We went by the property to see if she had been there and sure enough. That bat shit crazy lady changed all of the locks and had an ad in the window which she posted on craigslist on November 11th listing the house for sale! I called the sherrif’s department immediately and they took the report but basically said it is a civil matter. Following the hearing I called crazy lady and asked for the keys to which she basically said I could “F” myself and warning me that if we attempted to get into the property she would have us arrested. So now we are living in our 18 wheeler and have to take our three year old with us on the road. I sent her another letter last week demanding the keys and she sent me an email back with her supposed lawyers number. The neighbors all told me that she has run this scam MULTIPLE times but we are the first to fight her. How do I proceed from here. We are in Boise, Idaho. Any feedback would be appreciated. Thanks.
She finally did file for an amended complaint on dec. 2 but when I called to see if a hearing date had been set, the court told me that there had not been one. She also used pictures she had taken while in our house in her craigslist ad. These pics showed all of our personal belongings and cars in the driveway with visible license plates!
boise homes for sale

Best answer:

Answer by d in ny
Tell you lawyer to file a notice of lien on the place and go in and change the locks notify the police adn the Attorney Neural of your state. You still own the premises and she does not .Fid out who changed the locks and notify them that it is your property.She has not even legally defaulted on your contract she took your house,
CONTEMPT OF COURT Have your lawyer go back to the judge and see if this is possible
Have a friend call about the renta; and if legal record the conversations
What did she do with your stuff