Posted: Sun Jul 03, 2011 4:01 pm Post subject: Land contract- no default, seller is trying to evict?
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6 years ago my husband and I bought a home on land contract. We have paid to date almost 70% of the original purchase price. According to our contract our payments are due on the 20th of the month with a grace period ending on the 25th. Any payment made after the 25th includes a $5 per day late fee, if payment is not made by the 15th of the following month we have agreed that we understand that the seller may begin to try to take possession of the home.
We made our June payment along with applicable late fees five days past the end of our grace period. The seller has called and said that she will be sending out a notice of eviction, because she is tired of us paying late. In six years we have never been more than a few days late and never even came close to the 15th of the following month.
We have not breached any part of our contract. Is there anyway that she will really be able to evict us?
If you have not breached your contract, then the seller won't be able to take any legal actions. Even if she takes legal action, she will lose the case.
Thanks
Dee Guest
Posted: Thu Sep 08, 2011 9:30 am Post subject: WV Land Contract
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My husband and I sold a house to a couple 3 years ago on a land contract. They paid $5,000 down and agreed to make a monthly payment. They also agreed to assumed the property taxes and insurance responsibilities. In the contract it stipulates that they will keep the maintenance up on the home and pay the refuge and municipal fees. We just found out that they have vacated the house and have hired an realator to sell the house. Also they are over three years behind on their refuge (trash) bill. The house is in horrible condition. We live out of state and have just seen it. What are our legal options?
Please take a look at it. I hope it will help you.
Sussane
d brass Guest
Posted: Sun Oct 02, 2011 9:21 am Post subject: land contract
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we purchased a home almost a year ago through land contract. written up by a lawyer and filed/recorded. we have kept up the property and have never missed a payment. the owner just placed a for sale sign in the front yard a few days ago. it is listed with a local realtor. can he legally do this? we find nothing in our contract which addresses this situation. we are in iowa.
If you are paying off the payments on time every month, then the owner cannot place a "for sale" sign in front of the house. You should have a word with the owner as well as consult an attorney in order to sort out the matter. _________________ Procrastination is the enemy of your financial success
kay adkins Guest
Posted: Fri Jan 13, 2012 4:47 pm Post subject: land contract eviction
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me the seller can i evict the buyers out of the house there back on bank payments 3 months do they have the right to catch it up or can i just put them out
If you have such an agreement with the buyer that they will be ousted from the property if they can't pay off the debts, then you can send them an eviction notice. _________________ Procrastination is the enemy of your financial success
pattim Guest
Posted: Wed Feb 08, 2012 10:37 am Post subject: Land contract
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Our family has been in a land contract for the past 6 years. We were due to pay balance off in Sept. We got served papers by the county sheriff that the house was going into fore closer, and a court date. The owner had not made the payments to the bank for about a year. We had to show all receipts of us making the payment. So we did. We were had been paying the monthly payments required by the bank, and 200.00 extra to lower the balance that would be due, at the end of the contract. We have found that only the min. payments had been made, and then those stopped. During that 6 years, we have put about 30 grand into upgrades and renovations, that it seems we will now be out as well. We have tryed to work with the bank, but at this point nothing is being done, so each day its like waiting for the ax to drop. We have started looking for something else.
The banks dont want to work with people, we have been to many sheriff sales, each time leaving with nothing, because the banks are buying all there houses back. They have a pretty good racket going for them selves. The get get insurance on the note, then when its lost by the owner, they get paid the insurance money, they buy back the house, and sell it again.
I can understand your frustration!! If you want to buy a property, then rather than going to the foreclosure auction, you can contact real estate brokers and take their help in finding a property of your dreams. That will be a better option in my opinion.
Feel free to ask if you've further queries.
Sussane
mkbrads Guest
Posted: Sun Feb 12, 2012 5:48 pm Post subject:
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My wife and I have an older home that we rent out in wash state. 7 monthes ago we decided to lease to own and had a purchase contract written up. We make just enough on the mo installements to make the mortgage payments. To our dismay the buyer decided not to pay and won't answer the phone or door. What do we do next?
As you had signed an agreement with the buyer, you must have mentioned what actions you can take in case of non-payment of the dues. You can contact an attorney and take those legal actions against the buyer. _________________ Procrastination is the enemy of your financial success
jack king Guest
Posted: Fri May 18, 2012 6:05 pm Post subject: possible breach of contract?
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We entered into a land contract for an acre for 900.00. when we sold it ,we thought that it was a piece of our total parcel. after further research, it turns out it was not. it doesnt even exist as it was a mistake on the very old tax maps. the written agreement between both parties was signed by me and my wife and the other was signed by the gentleman and his daughter signed for his wife9legal?) are we still liable for breach of contract due to this error on the property tax map from many years ago?
Daughter signing the deed on behalf of the wife won't be considered as legal unless the daughter has a POA on behalf of the mother. If there is a breach of contract, then you will be liable for it.