- 5 - 1992, petitioners discussed with Mrs. Hewitt the possibility of purchasing the Foxbriar property in its current condition by assuming the mortgage on the property and giving Mrs. Hewitt a $20,000 note in addition to the earnest money previously paid under the contract. That arrangement was never carried out. Sometime during May 1992, Mrs. Hewitt informed petitioners that she had ceased making the mortgage payments on the Foxbriar property and that the mortgage creditor, Lomas Mortgage U.S.A. (Lomas Mortgage), would initiate foreclosure proceedings if the delinquencies on the mortgage were not paid by June 12, 1992. Shortly thereafter, petitioners and Mrs. Hewitt reached an agreement for purchase of the Foxbriar property. The terms of the agreement were: (1) Petitioners would purchase the property “as is”; (2) petitioners would assume the unpaid mortgage balance of $59,703.43; (3) petitioners would assume any other encumbrances on the property; (4) petitioners would pay the delinquencies on the mortgage in the amount of $7,269.73; and (5) the earnest money previously paid by petitioners would constitute additional consideration for the property. An assumption agreement and deed (assumption documents) were drafted and forwarded to Mrs. Hewitt for her signature and for that of Mr. Hewitt. The assumption documents were returned to petitioners via facsimile containing only the signature of Mrs. Hewitt, with a notarized signature date of July 2, 1992. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011