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proceeds from sale

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What is the name of your state (oregon)

I am the petitioner in this case. Due to the real estate market being real slow to sell land right now, things had to get creative with a buyer to get this deal done.

The offer from buyers spreads payment for the properety over one year and then after escrow closes in one year, they get possession of title. ( Lease option format )

first payment is 10,000 into escrow this month and another 10,000 in three months etc. and a baloon payment at end of a year. The mortgage gets payed out of escrow until it can be payed in full at the end.

Question is this: There is a settlement that reads like this in final decree :
" Proceeds of sale of properties: From the proceeeds of the first property to sell or both properties should proceeds not be sufficient from the first property to be sold, Petitioner will pay to Respondent the sum of 8,750.00 without interest as the agreed payment for her equity in all motor vehicles awarded to Petitioner herin."

When would there be considered the proceeds to pay her? At the end? or incrementaly with the instalments?

Are proceeds legaly considered net yield or gain after the sale and expenses of that sale?

She has the offer in her court now. I agreed to it. I signed the agreement of offer. She is having it checked by her attorney . The problem is that the offer is only good for a 48 hour period and there is only 24 hours left. She was slow to respond****************************her concern is getting her money.

How should this judgement be interpreted?
 


mistoffolees

Senior Member
When would there be considered the proceeds to pay her? At the end? or incrementaly with the instalments?

Are proceeds legaly considered net yield or gain after the sale and expenses of that sale?

She has the offer in her court now. I agreed to it. I signed the agreement of offer. She is having it checked by her attorney . The problem is that the offer is only good for a 48 hour period and there is only 24 hours left. She was slow to respond****************************her concern is getting her money.

How should this judgement be interpreted?

Proceeds will be all the money obtained in the sale. You can't pretend that only some of the money counts.
 

LdiJ

Senior Member
The party who is making the 10k payments....do they get their money back if the sale falls through? I ask because you stated that the money would be held in escrow.

Also, in the end, how much will the net proceeds be (after paying off the mortgage)?
 
The money will be dispursed rom escrow for mortgage payments, expenses etc. the pay off is 67,000 currently and the offer is 95,000. The escrow is to establish the amount of pay off based on the title close of escrow.


so does she get her money when it is done?
 

mistoffolees

Senior Member
The money will be dispursed rom escrow for mortgage payments, expenses etc. the pay off is 67,000 currently and the offer is 95,000. The escrow is to establish the amount of pay off based on the title close of escrow.


so does she get her money when it is done?

If the money is in escrow and you do not have access to it, then she would probably get her money when the real estate sale and title transfer transaction closes.

If, OTOH, you have access to the money, then she can probably argue that she should get at least some of her money as soon as you do.
 

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