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  1. #1
    Join Date
    Sep 2010

    tenant broke our contract for deed/help please

    I entered into a contract for deed with a couple several months ago. They agreed to purchase my home on a 2 year balloon. We drew up a contract for deed and recorded it at the county. They just e-mailed me and told me that they had some circumstances change and that they will be moving out. They told me to keep my deposit for this month's rent, which is crazy because there was no deposit. There was a small down payment, but no deposit.

    I need to know what my next steps need to be. Do I need to send a notice of default? Do I send a demand letter for the full balance? Can I issue a judgment against them? How do I fix things over at the county, as far as the contract for deed? I just really don't know what the proper procedures are from this point forward. I live in the State of Kansas.


  2. #2
    Join Date
    Apr 2002
    At this point if the buyer is behind on payment your best bet is to use the links up top , find a atty in your area and have them prepare the notice for you to send to the tenant which would declare a broken contract , In my state broken contract for deed is handled via unlawful detainer hearing , Your county clerk of the court can tell you what would be the right type of hearing to file for or you can have a attorney handle the whole thing ( personally if your not familiar with the court system your better off finding a atty who will handle this for you maybe at a flat rate? ) This has to go to court because of the CD having been transfered you became the mortgage lender and must foreclose via breach of contract. If the buyer is current on payment you will have to wait until they are not current or have violated other terms of the CD. Dont waste time by delaying talking to a atty , your notice of the breach needs to be done correctly since heating season is to begin soon the idea is to get this done as soon as possible to prevent further damage to the property as it gets colder like frozen pipes. ( it should not take months and months to legally regain title )

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