Chicago, IL asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois

Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not let in to do a walk-through plus we asked them if they would move and they agreed and they even have a post on Facebook asking if anyone knows of a house that they could move into.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best thing to do is consult with a local real estate attorney who can review the specific terms of your contract, evaluate if the issues constitute a material breach, and advise you on the proper legal steps to take in your area.

In general, before jumping straight to eviction or foreclosure, here are a few suggestions:

1. Document everything - Take photos of the issues, save copies of communications, etc. Having clear evidence will be important.

2. Send written notice of the problems and what needs to be remedied, referencing the relevant contract terms. Set a firm deadline to cure the issues.

3. If the deadline passes without resolution, consult an attorney about next steps like initiating formal legal action.

4. If they are open to voluntarily moving out as indicated, getting that agreement in writing could avoid a legal battle. An attorney can help draft something.

5. If it comes down to eviction/foreclosure, you'll need to carefully follow your state's process, which usually requires formal notices and court proceedings.

I'd strongly recommend getting professional legal guidance to protect your rights and handle this properly. Wishing you all the best in getting this resolved. Let me know if you have any other questions!

1 user found this answer helpful

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