Q: How, as the home owner, seller, do i get my deed cleared after a default was made on a land contract?
I sold a house on land contract, default was made years ago by destruction of property, and abandoned, contract clearly states I regain full, peaceful possession. If defaulted on .Now I'm trying to sell again after rebuilding and title co. Says the previous buyers on land contract, holds the deed. I don't understand how 2 deeds can be on one property, or how they registered it to begin with. County offices told me the contract (stating I get it back in my case because of fire) after an eviction notice was posted and unresponded to, the property just goes back to me, now they are saying after almost ten years! That I have to track them down and go thru courts? What good is a contract then? Is there an easier way?
A: If you have a recorded land contract and the buyer defaults, then the only way to remove the land contract as of record is to have a court judgment against buyers in a land contract forfeiture action. This is true even if the buyer has abandoned the property. I hope this helps.
Kenneth V Zichi agrees with this answer
A:
Mr Soble is exactly correct, but to expand on that, you ask "what good is a contract then".
The contract protects the rights of the buyer, and provides them EQUITABLE title to the property while you retain LEGAL title. If you don't understand the difference between those two concepts, you should consult with a LOCAL licensed real estate attorney to explain what those things mean, and how they impact your rights to the property.
Yes, you need to go to court. No there isn't an 'easier' way but the summary proceedings in Land Contract forfeiture are actually 'pretty easy' provided you serve everyone properly and they don't raise any 'defenses' .... But get that local legal representation. It will make things go smoother (although NOTHING is guaranteed 'smooth' in courts!)
Good luck.
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