Asked in Real Estate Law and Contracts

Q: Did a "contract for deed" for someone in al. They gave a down payment, defaulted. And moved out. How to cancel contract.

After 3 months we sent notice of cancelation for not getting house ins. At the end of there 4th month they packed there bags and moved back to Nevada I'm assuming. No way of contacting them. Cfd was recorded in henry county, al. Now we can't sell our home cause of the cfd. How do we get the cfd canceled? We did send notice by certified mail. They opted out before the 60days to remedy. Served eviction notice to property by sheriff. What do we do?

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1 Lawyer Answer
Anthony M. Avery
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Anthony M. Avery
Answered

A: A certified copy of the Judgment for possession from whatever Court you filed the Eviction in, should be recorded with the Judge of Probate. That serves as notice to the world that the Contract has no effect now. If no Eviction suit, and no Quit Claim Deed from all contractual renters, then you will have to file a Declaratory Judgment to release the Contract of record and Quiet Title in you. But does the Contract contain a self executing forfeiture provision that is already of record? If so, sell to someone else.

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