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Cathy Clark

Cape Cod Real Estate

Soldier's, Servicemembers Protection....

By: Cathy Clark
Friday, July 20, 2007 6:14 PM

Mary emailed me earlier today regarding a situation she is encountering.  Because her blog ain't workin' so well I asked if she would allow me to post it on her behalf.  We'll see how this works:

Mary's Question:

Hey Cathy, I can't post a new blog today because it is showing as Kerry and Joe again. I did have a question and I know you are busy with company so whenever you get time to answer will be fine. I have a situation where we had a lease to buy and it fell through. The buyer is in holdover and the seller has given him to end of July to move and he owes back rent for 4 months. She is wanting to get an attorney and he said since his wife is deployed he could retailiate and make sure it doesn't go to court for a year because he is excemt in some way. I didn't understand. I asked if he could not pay rent because of his wife's service? He acts like he is scott free. I don't understand. Do you know anything about this?

Create Date: 20-Jul-2007 11:31 AM
Subject:
Message:
Hi Mary!  You poor thing....still Joe & Kerry....too funny.
The tenant may have a point.  As with protection from foreclosure, they do also have protection from eviction under certain circumstances.  Here's a link that may help.
Would you like me to post your question to Relib under mine, saying it's from you?  I don't know what recourse your client might have but maybe someone else will.
Lemme know.  I've sent all the fish shopping!
Cathy


 

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Comments

Cathy  Clark
Member Since '06

TrackBack said:

July 20, 2007 4:29 PM
Mary Welch
Member Since '04

Mary Welch said:

Thanks for posting for me Cathy. Mine was showing Kerry and Joe again and would not let me post. I think Bee is shaking chicken bones again.

This is a strange circumstance where the renter now says since his wife is deployed, if we push him he will make sure this does not go to court for a year because of some special deal. I understand compassion for the military which is why the seller let him go 4 months without paying but he is now using this against us and the house has taken on water and there is a mold situation we need to get in before it gets bad. He did let me in yesterday to look. His wife is not the breadwinner and he still has his job. Anyone have any answers?

Mary

July 20, 2007 4:58 PM
Cathy  Clark
Member Since '06

Cathy Clark said:

What's that "trackbak" comment?

Please don't answer me b4 you answer Mary.  We need some help!

July 20, 2007 5:55 PM
Mary Welch
Member Since '04

Mary Welch said:

Cathy, maybe I should post the word S E X so it shows up on the sidebar as a comment, that might get some attention.

July 20, 2007 6:28 PM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

That is sooooo strange.

July 20, 2007 6:33 PM
Cathy  Clark
Member Since '06

Cathy Clark said:

SEX, SEX, SEX, and MORE SEX

July 20, 2007 6:35 PM
Mary Welch
Member Since '04

Mary Welch said:

lol, that should do it, looks like we got the librarian already. lol

July 20, 2007 6:37 PM
Mary Welch
Member Since '04

Mary Welch said:

SEX and STARS, can't beat  that?  lol

July 20, 2007 6:39 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

ROFL! Have enough of one and you'll see the other . . . but hold on a minute.

I would of course refer to the verbiage in the contract, but the tenancy is a condition of SALE, not a garden variety lease. What does the contract say? Is he in breach of the purchase contract? This could perhaps tip the scales back to a level playing field.

July 20, 2007 7:06 PM
Jana Davis & Virginia Houghton
Member Since '05

Jana Davis & Virginia Houghton said:

Mary I thought I posted this for you before.  You have to contact the wife's battalion commander.  Or tell the husband if he doesn't start making good on his rent that you are going to do just that.  Believe it or not the military really frowns on their service men or women not meeting their obligations.  Plus he is not protected by the military, she is.  If they wanted us to have spouses they would have issued them! You need to get a plumber or ??? over to the property ASAP to take care of the leak and the mold.  It sounds like he is setting you up.  But that just might back fire, because of the mold he would have to move out for mold abatement anyway.  This does not sound like the brightest bulb...  I would like to know what he is spending his money on, if not rent and I am sure she is making more money because of combat pay.  You should be able to write her through her base also.  Perhaps she is sending all her money home and has no idea he is not paying the bills.  He is using the situation, do not feel bad.

Jana

July 20, 2007 7:45 PM
Jana Davis & Virginia Houghton
Member Since '05

Jana Davis & Virginia Houghton said:

By the way Mary, when I had the Kerry & Joe problem the other night I ended up restarting my computer and when I came back in it was me again.  Don't know if the restart was the trick or not.

Jana

July 20, 2007 7:47 PM
Mary Welch
Member Since '04

Mary Welch said:

Jana, the seller does not wish to contact the commanding officer or whoever is over his wife. She thinks she will get in trouble and busted down a notch and then they will really be distressed. She has not done this thinking it would not help what the buyer says is a financial situation but now he is acting like he is exempt because she is in the military.

Candice he is in breach of the contract because it says 30 days before the end of the term he will apply for a loan and he did not do that. We extended everything 30 days because she got deployed and he said it would take awhile before she got paid. She was suppose to get paid in first week of June. He still did not make payment.

Jana, do you think it would be easier to contact her commanding officer because the seller works as a military pay technician and she would have no problem finding who to contact.

July 20, 2007 9:34 PM
James Smith
Member Since '03

James Smith said:

Mary,

As a retired military member I can tell you, her contacting the spouses commanding officer (or First Sergeant, maybe better) is the way to go.  The initial contact will not cause any harm to her career and will just let them know that a situation is developing that needs attention before it escalates and does affect the service member.

Also, tell her the Sailor and Soldier's Civil Relief Act is designed to protect all parties.  I worked as a First Sergeant for a few years and I recommened quite a few request for relief under this act be denied because the reasons were not compelling enough.  

July 21, 2007 7:46 AM
Cathy  Clark
Member Since '06

Cathy Clark said:

Mary, I mentioned this to a friend of mine I saw last night.  He was a CO and said when things like this were brought to his attention it was always handled tactfully and with compassion.  He indicated that where there was a deployment involved (any kids?) that the CO would most likely be very understanding.

July 21, 2007 8:00 AM
Mary Welch
Member Since '04

Mary Welch said:

Thanks guys. Cathy, I found Jana last night on the delete thread and got some input. I think I am comfortable now having the seller contact the buyers wifes CO. Anything we can do to keep the attorneys out right now will be great and won't harm or embarrass either party.

Cathy, thanks for posting for me, I haven't checked today to see if I am still Joe or not.

I KNEW I could come here for help, you guys are great!!!

July 21, 2007 8:19 AM
Klaus Nicholson
Member Since '07

Klaus Nicholson said:

I've dealt with a couple of soldiers undergoing hardships.  The guy sounds like a dead beat who has no idea what he is getting into.  This situation will only cause grief for his wife.

1st Sgt James is absolutely correct this situation is not compelling enough to warrant relief.

Let your client know that his actions affect his wife, her career and cause her needless stress.

July 22, 2007 10:45 AM
Cathy  Clark
Member Since '06

Cathy Clark said:

Klaus, I suggest letting the CO inform the spousal unit of that!  

And, I still don't know if kids are involved.  Makes a difference.

July 22, 2007 6:31 PM
Lonn Dugan
Member Since '05

Lonn Dugan said:

Wait a minute... we went from Sex, Sex, and More Sex, until seeing stars...

...and now we are informing the CO Spousal unit of situations not compelling enough?  

I think there is a disconnect in this topic somewhere? <lol>

July 23, 2007 6:08 AM
Lonn Dugan
Member Since '05

Lonn Dugan said:

Wait a minute... we went from Sex, Sex, and More Sex, with Mary, Cathy, and Candice, until seeing stars...

...and now we are informing the CO Spousal unit of situations not compelling enough?  

I think there is a disconnect in this topic somewhere? <lol>

July 23, 2007 6:09 AM

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Cathy Clark
Rivet Realty Group

Cathy  Clark
Member Since '06

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