Q: We have a house we are selling on a land contract. The seller keeps defaulting on monthly payments. Can we evict her?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
