Q: If I defaulted on a land contract, but seller does not have a land patent, can the seller officially order forfeiture
We land contracted with the father he passed away,the sons, require full payment , we cannot afford full payment. We ended up behind 6 months due to financial situation, well , the sons demand payment in full , and now I have to appear in a court for forfeiture of property and real eastate. But the father nor the sons have a land patent , and we signed a land contract. I'm not avoiding anything ,but I feel I'm bieng taken Advantage of now. I'm going to forfeiture court , and bieng sued. Any. Does the seller not having a land patent stop them from suing?
A: What do you mean by land patent? If the father owned the land (e.g. his name is on the deed), and the son is now enforcing that contract as personal representative of the estate, I see no reason why they cannot foreclosure.
A: I am not clear as to what you mean by "land patent." Am I to assume that you mean that your seller lack rights to or does not have a vested interest in the property. If so, then they cannot bring an action without some form of assignment of interest of the land contract or an actual recorded interest in the property.
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