A man and a woman have issued a warning after what they call a “Deceptive clause” in their housing contract that could now see them on the brink of homelessness despite paying rent on time.
Warning Signs in Housing Contract
A Kansas couple is making it their mission to alert future homeowners and renters after facing potential homelessness due to what they’re calling a misleading clause in their housing contract.
The Risks of Signing Housing Contracts
The couple, Mary McLain and Greg Goodman, warn future homeowners that signing a housing contract can be risky, especially when unclear clauses can mislead or confuse renters and buyers.
The Countdown to Homelessness Begins
McLain and Goodman were given 21 days to vacate their home, “We are looking for another place to live, of course, but the prospects are grim,” McLain said.
Struggle with Mortgage Foreclosure
After a prolonged legal battle, McLain and Goodman face imminent homelessness due to what they called a “deceptive clause.”
The Impact on McLain and Goodman
Verbal insults and accusations of being “no good and living off the state” have greatly stressed the couple.
Eviction Shock
Betty Penner’s eviction of McLain and Goodman, who had a previously “open, honest and respectful” relationship, was a shock to the couple as they had a contract for deed.
Source of Income Discrimination
The couple used Kansas Emergency Rental Assistance payments during the pandemic to help with their rent.
Feelings of Shame
“Discriminatory or not, I felt ashamed for accepting government assistance while hearing her comments,” McLain admitted after it was reported that Betty Penner called them “trash.”
Sudden Refusal of Payments
McLain insisted they had never made a late payment thanks to the assistance, but all of a sudden, the Penners started to refuse their payments.
Payments Made and Accepted
“We explained that the payments had been made to them, accepted by them, and it did not matter from where the money originated,” said McLain.
Penner’s Angry Accusations
“She (Betty Penner) angrily screamed back that it ‘did matter where it came from,’” claimed McLain, “She hostilely stated we were the ‘worst tenants’ and how ‘she and her husband were finished with us.'”
Shocked and Hurt
“The hurt and disrespect we encountered during that August visit with eviction papers was overwhelming,” said McLain, “The shock value cannot be understated.”
The First Battle Won
McLain and Goodman initially won their case, leading to the dismissal of the eviction, but the problems didn’t stop there.
Payment Refusal and Complications
The Penners refused to accept the payments, and the Kansas Homeowners Assistance Fund refused to assist the couple.
Nonacceptance of Government Funding as a Tactic
“Lenders and owners use nonacceptance of government funding to kick buyers out of their homes, like our situation,” McLain alleged.
Foreclosure Papers and Legal Challenges
Facing foreclosure, McLain and Goodman countered with legal challenges, focusing on a high monthly interest rate, but their attorney withdrew, leaving them without representation.
A Disappointing Ruling
The judge ruled that the couple had not made payments for over a year, but McLain said, “While true, that statement is not accurate.”
Refusal of Payment Reason for Unpaid Rent
“The judge did not acknowledge the decision…to refuse payment was the only reason those months went unpaid, McLain claimed.
“Deceptive Clause” Must Be Warned
McLain admitted not fully understanding the contract’s implications and wants future homeowners and renters to be well aware of what they’re getting themselves into before signing a contract.
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The content of this article is for informational purposes only and does not constitute or replace professional financial advice.