Monday, July 30, 2012

Really? REALLY?!?

We closed  the sale on our forever home on Thursday, July 19th, after 3 grueling hours in which they slaughtered my name in every way possible.   We didn't get possession that day because the sellers needed more time (they had a lot, A LOT of junk in the house).  We gave them until the 29th at 5:00pm.

But, at first, we were told we'd have the house on the 20th. Then we were told it would be later, but they weren't sure when. Then we were told the 29th.  All the while, we couldn't make plans to move ourselves.

Finally, last Thursday, the 26th, we were told we'd have the house on Saturday, the 28th. We planned our lives around this. We told the kids when we were getting the keys.

Yet, on the morning on the 28th, the seller called (the seller we were told has been in Hong Kong all summer!).  He told us he'd not be out of the house until the 29th, but gave us no time. So, we drove by to ask WHEN. We were told 5:00pm on Sunday. (And I noticed they hadn't cut the grass once in the 10 days after closing, despite the days and days of rain.)

At 11:00 am Sunday morning, the seller call me again and said 5:00 was not going to happen. That he needed another week. Another week! This upcoming weekend is the ONLY weekend we have left to move this summer. He couldn't have another week! If he did, the Mad Scientist and I would both have to take time off of work to move. We can't afford that!!! And besides, the escrow only lasted until Sunday night at 5:00pm!!!! I was furious and scared and sad and furious!!

I called my realtor. I was told my only option was to call a lawyer. Really????

I spent the next several hours researching my choices, calculating damages, and drafting eviction papers. I was prepared to go to the  house at 5:00pm, the first set of eviction papers in hand to serve him.  But, at 2:00pm, as TRex and I entered the grocery store, my realtor called, asking if I'd be willing to do a final deal, whereby the sellers got an additional 2 days. I said okay as long as I got $175 for each day past the escrow. (The utilities were already in our name!!!!)

So, we made deal between the parking lot and TRex's bathroom break after aisle 5.

Then, as I was literally paying for my groceries, the seller called me again, asking if we'd let him give us the keys at 9:00pm that night. He had called all of his friends and begged them to help him. I said yes!

During dinner, he called again, saying his friends had come he would be done by 9:30pm. He also asked if he could leave the pool table in the basement. (Score one for MS! He wanted that table.)

It seemed as if the house was finally going to be ours 10:00pm Sunday night.

Then, at 9:26pm, the seller called again. He had run out of space in his second storage unit and nothing was open any longer for him to rent. He wasn't going to be out Sunday night.

Luckily, MS was on the phone with him. I was screaming in the background. Yelling that he had better be out by 5:00pm Tuesday night with the money he owes us! But, I could tell from the Mad Scientist's end of the conversation that he had NO INTENTION of finishing. He didn't want to take a day off of work. BUT I WAS GOING TO HAVE TO TAKE TIME OFF OF WORK?!?

Finally, MS handed me the phone. I heard the seller say he needed to rent another storage unit; that he needed another truck. I didn't care. I told him he had until 5:00pm Tuesday to get out with $350 to cover my damages or I would start the eviction process and file a lawsuit for damages (I had calculated at least $3200 in damages if he still wasn't out by next Sunday.) I pulled the lawyer card (which I try never to do). He said he couldn't miss work. I told him I COULDN'T MISS WORK. I told him that I have a house that needs to be empties. That he was messing with my children because they keep thinking their getting a new house and then they don't. I went all crazy on him. But, I left the conversation with the impression that he really didn't care about us and had no intention to pay the money he owes and wasn't going to leave the house by 5:00pm Tuesday.

I sent a long email to my realtor, asking her to impose on the seller's agent how serious I was and that I would feel cheated by everyone involved if the agreement  causes me to lose two days in which I could have started the eviction process.

This morning, my realtor took care of business. She and the seller's realtor worked it out to make sure the deal we made on Sunday would go through. I wasn't believing anyone any more, so I spent a lot of time doing legal research, talking to colleagues, and formulating a plan. This seller is a lawyer himself!

I was told not to speak with the seller; that the agents would handle it. I was grateful, ready to be done with it.

Then, about 7:45pm, as MS and I were plating our dinner, my phone rang. I didn't recognize the number, so I didn't pick up. Then MS's phone rang from the same number. It went to voicemail. Sure 'nough. It was the seller. He was going to be out by 9:00pm. Could we come pick up the keys?  And we thought "Again! Really? REALLY!?!"

In total, he called us 5 times before we called him back and said MS would be there at 9:30pm to get the keys.

I started writing this post about 45 minutes ago, when MS left the "old" house to get the keys to our forever. I asked my brother-in-law, the Car Guy, to go with him so I could feel safer. And now that the Car Guy lives very close (as of last week), he could do it for me.

Since then, MS has called me. The seller is still packing up the last of the junk and MS is making sure to dot all of the I's and cross all of the T's for his lawyer wife. The sellers are leaving many things more than we planned: a trampoline, a backyard kid's play set, benches. We want to be sure we're not accused of stealing the items.

We still need to get our money for his holding over. We need him to sign the release of escrow funds.
But even after all of that done, after I know my sweet husband is safe and that I have the keys to forever, I don't know if I'll believe it's all true. So much has happened. We've lost this house and got it back again over and over and over. Will life ever feel normal again?

1 comment:

  1. I know you will be SO glad when this is completely done with and you're in your new home!! I've had to deal with evictions and left behind items before, and I know how fun that is. {/sarcasm}

    ReplyDelete

Having a child with a CHD is like being given an extra sense---the true ability to appreciate life. Each breath, each hug, each meal is a blessing when you've watched your child live off a ventilator, trapped in an ICU bed, being fed through a tube. Each minute is a miracle when you've watched your child almost die and come back to you.
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