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lancer78

(1,495 posts)
Sun Nov 22, 2015, 10:14 PM Nov 2015

Need some lawyer help.

I am an owner of rental property. I have been paying my current mortgage on time and in full to my lender for the past 3.5 years. However, in my contract I am required to maintain a gross income to expense ratio of 1.25. Recently, my gross has fallen below this, but I do have the funds to increase it back above 1.25. The bank has also recently threatened to foreclose if I do not sell to a specific person for take-over payments. Can they legally do this if I get the income to expense ratio above 1.25?

The bank threatened me with foreclosure when I was meeting with the bank and the so called "buyer".

I happen to live in Tennessee, but some legal advice would be helpful.

17 replies = new reply since forum marked as read
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tularetom

(23,664 posts)
1. Just wait until Hillary Clinton is president, she'll tell that bank to "cut it out!"
Sun Nov 22, 2015, 10:23 PM
Nov 2015

I'm not a lawyer, but I don't believe a lender has the right to dictate anything to you if you are meeting the terms of the contract.

 

lancer78

(1,495 posts)
14. You really think BERNIE??
Mon Nov 23, 2015, 12:50 AM
Nov 2015

Will be able to do anything. Remember, all the president does is act like a figurehead. The speaker of the house has far more power as he is the one who allows bills to get to a vote.

tularetom

(23,664 posts)
15. I really think BERNIE will do more than tell banks to cut it out if thats what you mean
Mon Nov 23, 2015, 01:00 AM
Nov 2015

But I don't think I ever mentioned BERNIE in my post, so I'm curious as to why you even brought that up?

 

lancer78

(1,495 posts)
16. Look at your sig line
Mon Nov 23, 2015, 01:04 AM
Nov 2015

It is pretty easy to guess the nature of your post. Unless there are strong majorities of dems in the house and senate, any real change is a pipe dream. A lot more people will have to suffer before that day comes, and Sanders, if elected, will not be able to do squat without that happening. Neither will Clinton btw.

tularetom

(23,664 posts)
17. Well, if neither one of them will be able to accomplish "real change"
Mon Nov 23, 2015, 02:11 AM
Nov 2015

Doesn't it make sense to support the one who isn't being financed by the banks, insurance companies, energy industry, and defense contractors?

lovemydog

(11,833 posts)
3. Please speak with a lawyer
Sun Nov 22, 2015, 10:26 PM
Nov 2015

in Tennessee. Call the Tennessee Bar Association or look at their web site for referrals. You want someone who specializes in homeowner issues. Should be easy to find someone in your area. Ask for a one hour consultation to start. Meet them in person.

NanceGreggs

(27,815 posts)
4. Try consulting a real lawyer ...
Sun Nov 22, 2015, 10:26 PM
Nov 2015

... who specializes in this field in your state.

Asking DU for legal advice is no different than asking DU for a medical diagnosis of your physical ailments.

 

branford

(4,462 posts)
5. I'm an actual attorney,
Sun Nov 22, 2015, 10:35 PM
Nov 2015

and my best advice is that you really need to speak with an experienced lawyer in your state.

If you don't know of an attorney or fear it will be cost prohibitive, contact the Tennessee Bar Association. They should be able to recommend an attorney or legal aid association. They will not, however, be able to offer you legal advice.

Here's the relevant link to help you get started:

http://www.tba.org/info/find-an-attorney

 

branford

(4,462 posts)
10. You're welcome and good luck.
Sun Nov 22, 2015, 10:42 PM
Nov 2015

Note that most legal problems are very fact specific and rely on local law and jurisprudence. Except for the most obvious and cursory legal advice (i.e., don't kill anybody), it's generally considered legal malpractice to offer the type of advice you're seeking.

If you consult an attorney, remember to bring all relevant documents (e.g., mortgage, rental agreements, etc.), as well as the contact information for anyone you've dealt with concerning the matter, such as any bank employees or counsel.

 

lancer78

(1,495 posts)
6. I know this isn't a great place for legal advice
Sun Nov 22, 2015, 10:35 PM
Nov 2015

I was just hoping some lawyer on DU might have an idea if I would be wasting my time or if I should just give up.

 

Electric Monk

(13,869 posts)
9. Someone who uses DU as his lawyer has a fool for a client ;)
Sun Nov 22, 2015, 10:40 PM
Nov 2015
http://www.phrases.org.uk/meanings/a-man-who-is-his-own-lawyer-has-a-fool-for-a-client.html

As mentioned above, contact a local lawyer with knowledge in the field and local expertise for best results.
 

SheilaT

(23,156 posts)
13. To repeat what others have already said:
Sun Nov 22, 2015, 11:32 PM
Nov 2015

Contact a real lawyer in your area who is experienced in that sort of thing. Much of law is specific to the state or locality. You also have a contract, it looks like, and contract law is another huge area. Don't ask here. Don't be afraid to pay a bit of money for the legal advice you need.

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