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Wolf Point, MT asked in Real Estate Law for Colorado

Q: I did an owner finance and hold the deed of trust as security, the buyer has abandoned the property and quit paying

he is 3 months behind, has changed his number and I have no way to get ahold of him, I sent a letter over 30 days ago and he has not answered do I have to forclose or can I just reposse and get the title back in my name

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1 Lawyer Answer
Timothy Canty
Timothy Canty
  • Evergreen, CO
  • Licensed in Colorado

A: It sounds like this was a straight sale and the property was deeded to the buyer. If title is in the buyer's name, you will have to foreclose to get it back. If you are able to contact the buyer, you may be able to get him to sign a quitclaim deed conveying the property back to you in exchange for agreeing not to sue him on the promissory note.

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