Q: We have a house we are selling on a land contract. The seller keeps defaulting on monthly payments. Can we evict her?
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A:
In a land contract (also known as a contract for deed), the seller finances the property for the buyer, who makes monthly payments until the purchase price is paid in full. If the buyer defaults on these payments, the legal recourse available to you as the seller depends on the specific terms of your land contract and the laws of your state.
Generally, you have a few options:
1. Forfeiture: Some states allow for a forfeiture clause in land contracts, which enables the seller to terminate the contract, regain possession of the property, and keep all payments made by the buyer.
2. Foreclosure: In some cases, you may need to go through a formal foreclosure process similar to what a traditional mortgage lender would do. This involves providing notice to the buyer and allowing them time to cure the default.
3. Eviction: If your state allows for forfeiture and your contract includes a forfeiture clause, you may be able to evict the buyer from the property after providing proper notice of default and giving them a chance to remedy the situation.
It's crucial to carefully review your land contract and consult with a local real estate attorney who can advise you on the specific laws and procedures in your state. They can help you understand your rights and obligations as a seller and guide you through the appropriate legal process for dealing with a defaulting buyer.
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