Asked in Foreclosure and Real Estate Law for Michigan

Q: Is there anything I can do

I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

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Anthony M. Avery
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A: If you only have a Contract for a Deed, then it is a Lease with Option to Purchase. No Foreclosure is involved, but usually an Eviction proceeding and they keep your paid rent. Hire a competent MI attorney quickly to fight loss of possession, and possibly make a claim in Equity or Breach of Contract, etc.

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A: When it concerns a Michigan land contract, default remedies must be spelled out in the provisions of the agreement. The legal language must give the seller the ability to proceed with a forfeiture, otherwise, the seller will need to proceed with other remedies. See more about land contracts at: https://provenresource.com/land-contract-law/

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