How to force a crop??? Help.

Discussion in 'Homesteading Questions' started by Jena, May 20, 2005.

  1. Jena

    Jena Well-Known Member

    Aug 13, 2003
    This one has everyone stumped so I'm looking for ideas. Legally, hubby must sign a cash lease. Legally, if someone does plant the crop without his signature, they own the crop once it's in the ground, but sneaking a crop in would end up in a mess one way or another. I don't want to do that to anyone.

    Hubby is supposed to deliver a simple letter of intent to the bank to get crop financing. The letter is supposed to say that his brothers intend to buy his share of some ground. It doesn't mean he has to sell it or anything else, just an intent. He tells me he has the letter, signed, but has not presented it to the bank. This has been going on for a month.

    The crops on his ground are in, financed by his family. The only thing left to plant is our 63 acres. Time is running out.

    He refuses to agree to a cash rent.

    The bank will not do anything, even though I've asked them to MAKE him sign a cash lease. They can't make him but they can threaten other things.

    I have not yet contacted the guy we are buying on contract from, but I think he could impose a planting under the "waste" clause of the contract. That one might open the door to a foreclosure though and I don't want to go there.

    I have been reluctant to get someone to do a "tentative" lease because I don't want to drag them into a messy situation. I could have someone on the lease, all filled out and ready to go, then take that to the bank, the contract guy, etc and try to get everyone to push hubby to sign it. The farmer would have to understand that he might or might not actually get to farm it depending on what we could do.

    I have not asked for crop financing myself as I do not have any equipment to get the job done. I don't think I could custom hire it either, as most won't do that until they get their own done. Just not enough money in custom hire, plus I'd have to custom hire the harvest too.

    My deadline was a week ago yesterday and it's not done. He says the letter is sitting where he's staying. I offered to go get the letter and deliver it to the bank, but he won't. He claims there is no problem, but regardless of his excuses, this is just not going to get done.

    Any ideas? Legal interventions (must be fast) or ideas on manipulations? I am not above manipulating things to get it done, as long as it is honest. I've nothing left to threaten him with except for calling the contract guy.

    If I can't think of anything, I guess that is my next the contract guy.

  2. Terri

    Terri Singletree & Weight Loss & Permaculture Moderator Staff Member Supporter

    May 10, 2002
    I only understood half of this, but.....

    YOU are not doing this to any one.

    Tell me, who will be dinged if this does not get done? You mentioned his family AND a contract farmer. Which will be out money if nothing is done?

    As I recall, at least 30 years ago, if you have hired someone in the PAST and they work for you AGAIN, you can collect even though nothing is in writing.

    Of course, that WAS in California 30 years ago.

  3. Mike in Ohio

    Mike in Ohio Well-Known Member

    Oct 29, 2002

    If the land is getting sold anyways, and he won't provide the letter, then just force the sale of the land and move on with your life. It sounds like he is using these little things as leverage over you emotionally/to create uncertainty for you.

    As usual, just my 2 cents.

  4. rambler

    rambler Well-Known Member Supporter

    Jan 20, 2004
    If this is your property, you rent it out. If it is not your property, don't waste time on it. I'm confused on the emergency here. At this point you are cutting your loses with the other half, don't worry about his stuff. Should be no issue or worry for you at all?

    My dad passed away in 2003. We still do not have the estate settled, the land is still up in the air, there was a 5 month period I could not collect farm program or even sign up, etc. Made a real hardship. These things are not easy, & no one can be 'forced' into anything. Just how it is. If it is not your property, it is not your concern at this point. This might cause you a hardship even as with this estate, but no matter. How it is. Move on to things you can fix.

    That is my initial reaction to your message. Clearly there can be more to the story that I do not understand..... ;) You might not want to lay out every detail at this point, & there can be more that makes this your legal concern.......

    Many states have a legal clause that legal written notice needs to be given to an ag renter in fall that the land will not be rented to them the next year. This allows the renter to decide how to handle fall tillage & fertilizing. You could check into that for your state, if it would apply to this situation. If the renter has been renting a few years, things were done rather informally, the rent is to be assumed to be the same the next year if no notice is given. If you have done everything by the book & had good contracts written, they might spell out something that superceeds this tho. The generic state laws often say with a weak rental agreement, the renter can rent the land next year under the same terms as last if no written notice was given prior to such & such a date. Period.

    Otherwise, if this is the ex's land free & clear, it's up to him, don't waste time on it, move on. I hope you are getting good legal council on all this. Banks & other lenders want the money, they will not be looking out for you and don't particularly care if they are getting the money from the 'right' person - just give me the money!!!!! Sounds to me like you are selling yourself out to settle shared debts, while the ex is paying nothing & will get to keep his assets. Does not sound like you are doing things properly for _you_. I would have listened closer to the advisors when they talked about bankruptcy. but I only know 1% of the situation so that is all I will say about it.

    Wish you well.

  5. Jena

    Jena Well-Known Member

    Aug 13, 2003
    This is joint ground.

    It has not been rented. He has farmed it since we bought it.

    I'm only worried about it because cash rent would be around $6000 that I can pay towards debt.

    I would rather have the $6000 than nothing and at this point, it is looking more and more like nothing.

  6. JanO

    JanO Well-Known Member Supporter

    Jun 16, 2003
    Western Washington
    Since it's joint ground is there any reason why you can't rent it? Since your the one working with the bank, and he's sitting on his tush about it all you would think that the bank would be happy to get anything they can, any way they can get it. It's partly yours, so why can't you just handle it and let him sit and stew about it? As far as a potential tenant is concerned, well.... just make them aware of the situation. Give them only enough details to protect themselves, and move on.
  7. Maura

    Maura Well-Known Member Supporter

    Jun 6, 2004
    Michigan's thumb
    He's winning the battle, but loosing the war. Cut your losses. Once he sees that you have moved beyond this particular battle, he will not only have lost the battle with you, but the money he would have made renting the land, or planting. I know this is a lot of money when money is tight, but as long as it matters to you, he will keep sitting on his hands. Isn't he passive aggressive and a liar?
  8. cloverfarm

    cloverfarm Well-Known Member

    May 31, 2004
    I think the urgency is because it's past the best time to plant corn and the time frame is narrowing for soybeans. (In northern Indiana. Might be even later in central Illinois)

  9. patarini

    patarini Well-Known Member

    Nov 19, 2004
    Have you tried SIU legal aid? Might be someone there that can answer you for free -- dont remember the number but its 618 area code, just ask information for siu legal aid or try the main law school number -- good luck!