Home arrow Mortgage Forums arrow Loan Talk for First Time Home Buyers arrow

Termination of Land Contract. Do I need a lawyer?

Author Message
DivineWoman

Guest







Post Posted: Tue Mar 29, 2011 3:42 pm    Post subject: Termination of Land Contract. Do I need a lawyer?
Like 0
Dislike 0

My exhusband & I purchased a home in 1991 on land contract from my then mother in law for $12,000 @ $125/month. The contract was recorded Dec 1991 in OH. He & I divorced 1995 & stopped making payments, but she continued paying the bank. A college university wants to now purchase the house from her, so she contacted my ex & asked him to sign a Termination of Land Contract form drawn up by her LPA & then send the form to me to sign in front of a notary in my state. My ex-husband says because we are on the land contract, there's a lien against the home. This, he says prevents his mom from selling the home to the university. He keeps pressuring me to sign the termination of contract form so his mom can sell the property. Can I refuse to sign & began making payments again?

I had NO idea that I still had some sort of stake in the property. I was like 21 when my then husband and I signed the land contract with his mother. I don't know what to do, but hate being pressured.

_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
Icon Mini Profile adonis
adonis




Joined: 22 Oct 2005



Posts: 10562
Location: ALASKA
1089.18 Dollars($)
Post Posted: Tue Mar 29, 2011 9:24 pm    Post subject:
Like 0
Dislike 0

Welcome DivineWoman,

If your name is mentioned on the contract, then you have the rights to refuse the sale of the property. They can't force you to sign the deed. You can start making payments in order to save the land.

_________________
Procrastination is the enemy of your financial success
Ian Johnson

Guest







Post Posted: Wed Apr 06, 2011 7:04 am    Post subject:
Like 0
Dislike 0

You can't refuse the sale of the property, and you don't have a stake in it because your name isn't on the deed, only on the debt, on which you have defaulted. If you don't sign the termination, she will go to court and get a forfeiture. If you want to be spiteful, you can refuse to sign and make her take the extra time of serving you and getting a judgment, but what's the point? Just sign the termination.

If you want, you can start making payments again after you bring the land contract current by giving her the last 15 years worth of payments in one lump sum. Even so, once you have defaulted she has the right to pursue a forfeiture and can refuse payments while she does that.
Icon Mini Profile raymond
raymond
Community Expert
Community Expert

best lender badge

Joined: 03 Jul 2009

Posts: 1191
Location: Irvine, California
28.24 Dollars($)
Post Posted: Tue Apr 12, 2011 7:26 am    Post subject:
Like 0
Dislike 0

>>and you don't have a stake in it because your name isn't on the deed, only on the debt

How do you know that? When I purchased a home with a Land Contract, my name was on the Deed (along with the previous owner - both our names were on the Deed).

_________________
Raymond Denton
www.RaymondDenton.com
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Highlights

Bookmark this page

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Calculators

     [View all]
Are you eligible for loan?
How much you can afford?
Calculate monthly payment
Calculate APR


Financial Tools

Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

MortgageFit on Twitter

Followers (252)











We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.108 seconds.