Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-17-2005, 06:58 AM
Junior Member
 
Join Date: Feb 2005
Posts: 2
Post

Land Contract Forfeiture


What is the name of your state?What is the name of your state? Mich

My problem in a nutshell: Sold a house on land contract, she didn't pay, took her to court. Received a "judgement of possession after land contract forfeiture" from the court which gave her 90 days to pay up. The 90 days are up, she didn't pay, and has since moved out of the property to parts unknown.
My question is, what now? Is this document from the court enough to get the deed transferred back into my name or do I need to go back to the court. The court told me to come back and get a writ if she didn't move out, but she did. Do I still need a writ? Help! ( If it matters, there are no leins on this property. I owe no money on it. )
Any advice you can offer, thanks.
  #2  
Old 02-17-2005, 08:41 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Terri1412b
What is the name of your state?What is the name of your state? Mich

My problem in a nutshell: Sold a house on land contract, she didn't pay, took her to court. Received a "judgement of possession after land contract forfeiture" from the court which gave her 90 days to pay up. The 90 days are up, she didn't pay, and has since moved out of the property to parts unknown.
My question is, what now? Is this document from the court enough to get the deed transferred back into my name or do I need to go back to the court. The court told me to come back and get a writ if she didn't move out, but she did. Do I still need a writ? Help! ( If it matters, there are no leins on this property. I owe no money on it. )
Any advice you can offer, thanks.

**A: you do not need a writ. "What next?" can't be responded to since we can't read the judgement papers to see what is states. Have an attorney review it.
  #3  
Old 02-17-2005, 01:40 PM
Junior Member
 
Join Date: Feb 2005
Posts: 2

Here it is


I can tell you what the judgement says.

:::clearing throat::::
Judgement of Possession after Land Contract Forfeiture.
In the matter of ****** vs *********
The court finds default.
To the defendant: It is ordered. A judgement of possession for breach of a land contract is entered in this case for the following reasons. The court has determined that you owe $***** including interest paid to 11-30-04. You have 90 days from the date of delivery/mailing of this judgement to pay, 2-17-05. If you do not pay the judgement by the date stated an order of eviction may be issued.
You are further advised that you may file a motion for a new trial, a motion to set aside a default judgement, or an appeal and appeal bond within 10 days of judgement. This must comply with all court rules and must be filed in court by No 20, 2004. You may want legal help.

That's it. Then it's signed by the judge. Like I said, she didn't pay, didn't appeal, and she moved. Can I take this to the Register of deeds to get my name back on the house and hers off, or is there still some hoop left to jump through?

Tell it to me straight, I can take it. <ducking>
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:53 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.