Can I evict someone who is on contract and almost two months behind on payments? 9 Answers as of January 10, 2012Can I kick someone out who is on contract for buying a house and they are almost two months behind? If so, can I fill out the paperwork myself or not? I am the head of the estate because my father passed away so I need to know.
THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
Your question indicates that your father sold your property on a land contract and the purchaser has fallen two months behind in payments. Your question indicates that you have been appointed by the probate court and are serving as the personal representative of your father's estate. Since you have not indicated that you are an attorney, I am assuming you are not. The Court will require you to be represented by counsel. It will be necessary to decide if you intend to foreclose the contract or seek forfeiture of the contract. The former is possible if you follow the terms of the contract which authorize acceleration of the full balance due and then are authorized to forclose the contract. This process takes pretty close to a year at a minimum. An alternative is to forfeit the contract. This process is commenced by sending a Notice of Default to the purchaser and if the missed payments are not made, then a complain for forfeiture can be filed. Upon the court finding the purchaser to be in default, an order can be entered for forfieture. Depending on whether the balance on the contract is more or less than 50% of the original sale price, the purchaser will be given either 90 days or 180 days to cure the default. If that is not done, the court will then order that possession be given to the estate and the contract to be forfeited. Once you give notice, do not accept less than payment in full or you will have to start over again. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
Answer Applies to: Michigan
Martin Barnes - Attorney at Law | Martin Barnes
My condolences for your loss. It is difficult to lose a close family member, and regrettable that your loss is complicated by this matter. There are steps that can be taken for you to regain possession of the house and other other estate property. I recommend you visit with an attorney who can help you understand your options and the procedural requirements to move the process along as quickly as possible.
Answer Applies to: Indiana
Charles M. Schiff, Attorney at Law | Charles M. Schiff
There is a statutory process for Cancellation of a Contract for Deed. Non-payment per the terms of the contract would constitute a basis for cancellation. You need to cancel the contract first, then you are able to start the eviction process. I would not suggest that you try to effect a Cancellation of Contract for Deed yourself. You have the right to represent yourself but, if it is not done properly, the estate's title to the property is likely to be a more costly mess to fix down the line.
Answer Applies to: Minnesota
Ashman Law Office | Glen Edward Ashman
You should not be handling an estate without a lawyer. You absolutely should not be filing court cases on its behalf without one. The fact that with the document in front of you that you can't determine what it says you can and cannot do should tell you how far over your head you are. Before you really mess up, get counsel.
Answer Applies to: Georgia
Law Office of Walter Johnson | Walter Johnson
If you were dealing with a standard lease arrangement the answer would be easy. Yes, evict them after giving them a Three Day Notice to Pay Rent or Quit. But, as I understand from your question, this is not a typical lease but is instead a Lease with an Option to Purchase. If that is correct, then this becomes much more complicated. It might be risky to evict them in that situation without first consulting an attorney to determine all of the related issues involved in this arrangement. This is an example of why I never recommend a Lease with an Option to Purchase. There are too many murky legal issues that can arise. You risk spending all of the money that is "saved" on legal fees if the arrangement ever goes bad.
Answer Applies to: California
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
You first need to foreclose their interest in the purchase contract. I can't recommend that you try that yourself, foreclosure has become very complex since the housing bubble burst. Once you foreclose, if they won't move, you can evict.
Answer Applies to: Oregon