Being played for a fool?

Question

I agreed to do seller financing for a person. She hasn't payed me since February. She has a tenant living at the property paying her monthly. I filed a small claims suit. She's pissed off yelling at me saying that she lost money on this deal and I should let her have half of it. It is true she made a mistake getting this house, she payed closing costs, taxes, etc, but I'm going to be the one with a foreclosure and bankruptcy on my record. Also the main problem is I will probably be seeing her for the next 5-10 years from time to time. I'm really scared about hurting another person, but she hurt me too. She wants to keep half of the money she has collected and I get the next few months payments. But she continually lies. Should I drop the suit? It's going to embarrass her, I'm sending a sheriff to serve her at her work.

Answer 1

First you shouldn't have done this. There's a reason this lady didn't have cash and couldn't get financing on her own, because she has screwed other people and not paid bills.

You shoudl do everything possible to get money from her, she is the one s******g you here, you have nothing to feel bad about. If it's possible try to take the house from her and keep the money you've gotten thus far, depends on how the contract is written whether you can do that.

Answer 2

Yes you are being played for a fool. Get an attorney and start foreclosure proceedings. Attorneys cost money, but how much will you loose if she takes the house?

Don't worry about friendship, that ended when she stopped paying you, and it was she who ended the friendship.

Answer 3

You have been a fool, so stop being one.  You neglected to pull her credit records and references before agreeing to seller financing.  You have let this slide for six months.  Now you are filing an idiotic "small claims" action instead of foreclosing.  Hire an attorney immediately and do NOT serve that small claims action before you consult your attorney!

Answer 4

You need to immediately contact an attorney about this.

There is a doctrine called calim preclusion, and if she is behind on payments now you might have to foreclose rather than be able to sue her individually for all of her separate payments. This is going to depend on the law in your state, but in my state you would lose all future legal remedies based on a single small claims court filing.

Answer 5

If you haven't been paid since Feb for work you have done, file the claim. Don't be a doormat ! You have waited so long of course she thinks she can string you out forever.  If you don't follow through she will think she can pull your strings forever.