Kothe Realty
Spencer,#2REBUTTAL Owner of company
Mon, June 23, 2014
I am a professional land developer and real estate investor. When a buyer purchases the land or homes I offer for sale, they purchase the homes "as is". There is no warranty, express or implied on the home. Many of my clients take advantage of low interest bearing loans when they are not for whatever reason, able to qualify for a home loan on their own with a conventional bank.
Whenever a land contract is defaulted upon, for whatever reason, without proper signing of a promissory note to cover the lost income from the home, the owner's personal property is taken over by the contract owner. There have been cases where the holder of the note has not been available to negotiate (not answering phone, not responding to mail, not responding to demands for payment, etc.) and the home is foreclosed upon. This activity must be done to pay property taxes when a home owner refuses to pay their contractual obligation to save the home from a sheriff's sale, arrange for insurance and inspections, and to clean and repair the home in the hopes of re-selling it to a new, qualified buyer.
Although it is not common, there are times where home buyers are not in communication to negotiate terms and in these cases, the home contents must be taken away without the express permission of the contract buyer who is in default, so as to secure the home for a resale. It is not clear to me from this complaint that this was the specific case with this individual, as they did not sign their entire name to their complaint. If I had their complete name, I would be able to search my records and respond more speciically to the complaint given.
Best Regards, William "Bill" Henry Kothe