land contract forfeiture

[GraystoneManor]

What is the name of yoLand contract forfiture
I have sold a commercial building on a land contract and the buyers didn't make first payment I then filed a forfeiture notice, complaint for possession after land contract forfeiture and summons landlord-tenant/land contract. they have hired a legal aid attorney, we have a court date. now buyers are trying to send payment. they also failed to get insurance. I am asking for full balance of contract or eviction. can I accept payment still

michigan

 

[HRZ]

I am not a lawyer...but I did a good number of RE deals ...smart move ..get solid legal counsel pronto ...and I'd not accept payment absent input from counsel...unless you are positive it does not cure a breech . .

I'd be more than nervous about lack of insurance ....BTW was insurance a condition or a covenant ...ask your lawyer to explain the difference .

 

[GraystoneManor]

they have hired legal aid I don't have an attorney

I am not a lawyer...but I did a good number of RE deals ...smart move ..get solid legal counsel pronto ...and I'd not accept payment absent input from counsel...unless you are positive it does not cure a breech . .

I'd be more than nervous about lack of insurance ....BTW was insurance a condition or a covenant ...ask your lawyer to explain the difference .

They have an attorney not me. yes insurance was in land contract. they never made one payment. the day after the first payment was due I knew I was in for proplems so I filed forfeiture notice. waited 15 days the filedcomplaint for possession after land contract forfeiture and summons-landcontract. but police are having trouble serving them 3 attempts now the wont answer the door

 

[PayrollHRGuy]

You didn't mention what state this is in. In many states there are other options for service.

 

[HRZ]

PS ...time you got lawyer!

 

[GraystoneManor]

presque Isle county michigan

You didn't mention what state this is in. In many states there are other options for service.

michigan
we are in presque isle county michigan

 

[GraystoneManor]

broke

PS ...time you got lawyer!

I wish I could get an attorney court is at 1pm tomorrow and I am broke

 

[HRZ]

Get an attorney..who immediately asks for delay to prep to adaquately represent his client ..bet attorney gets delay .

rare folks get legal aid for civil debates.for commercial properties.....something else may be afoot..are they living there..ouch?

 

[GraystoneManor]

living in a thrift shop

yes they have moved into building it was a hospital and I ran a thrift shop out of it and sold as a business with full contents. they moved into building and never opened shop. someone called child protective services as they had 9 children ranging in ages 11years old on up. Home schooling. I recieved a call from mechanical inspector as CPS called them. Sheriff dept was at the door of shop wanting me to remove wood stoves that were hooked up without safety permits and dangerous. as landcontract had never been filed.

Get an attorney..who immediately asks for delay to prep to adaquately represent his client ..bet attorney gets delay .

rare folks get legal aid for civil debates.for commercial properties.....something else may be afoot..are they living there..ouch?

 

[GraystoneManor]

land contract

I am just curoius as to what will happen in court tomorrow my land contract states

"if the purchaser shall fail to perform this contract or any part thereof, the seller immediately after such defult shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improvements that may have been made upon the premises, together with additions and accretions thereto, and consider and treat the purchaser as his tenant holding over without permission and may take immediate possession of the premises, and the purchaser and each and every other occupant remove and put out. In all cases where a notice of forfeiture is relied upon by the seller to terminate rights hereunder, such notice shall specify all unpaid monies and other breaches of this contract and shall declare forfeiture of this contract to be effective fifteen days after service, unless such money is paid and any other breaches of this contract are cured within that time"

 

[HRZ]

THants how they got legal aid ...as residential tenants ...you darn well need counsel ...this could get worse fast..LLs are required to provide residential tenants with safe habitable quarters ..and local officials could levy hefty fines on you to get it safe and fine you for illegal use at same time ...you could go to town and pray they condem the place for human habitation and they evict them ...but that's far from a safe or free road....and if bungled any steps on land contract..they will welcome you as fall guy.

you are destined to get bloody wo counsel.

I
.

 

[FarmerJ]

Your best bet is in court argue you sold to them via contract for deed a zoned for commercial business and building and you are not responsible for their choice to live in it.
would you let us know what the out come is ?

 

[HRZ]

I agree...BUT unless you go prepared and with a solid working knowledge of the rules of evidence, good exhibits of the actual deal and lawful use and working knowledge of rules of court , and how to examine the plaintiff ....the legal aid lawyer may still eat you alive...good legal aid lawyers eat nasty bad landlords alive ...and right now you smell like a nasty LL with substandard housing .....not true...but the smell is there .

ANd there is some risk if you lose and then turn around to seek that town evict them because the building is unsafe for such use that you get roasted again for a retialitory eviction scheme

A lawyer will give you decent odds...rght now you are set to bring a rubber knife to a gun fight.

 

[FarmerJ]

HRZ a huge mistake that the OP made was not recording the contract , recordation would make it a lot easier to show the court that buyers choice to live in it was the buyers choice and any consequence related to trying to live in it is on them. BUT then again that part is too late now.

 

[HRZ]

a copy of contract might help ..but be sure it's admitted