Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not going to make more payments on a home they're now claiming I have no equity in, but have already put 10s of thousands into. I'm working on finding another place to live, but I want to recover my equity. I understand that their behaviour is a significant breach of contract, and he hasn't done his part historically anyways. Based on our terms, I have about 35,000 in equity.

1 Lawyer Answer
Robert Kane
Robert Kane
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any equity. Without knowing the exact circumstances it's impossible to advise.

This doesn't mean it's unenforceable:

Within four months of signing the contract for deed, you must "record" it in the office of the county recorder or registrar of titles in the county in which the property is located. If you do not do so, you could face a fine.


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