Contract for Deed Default

[Florida_woes]

What is the name of your state? Florida

I have a Contract for Deed that was with two parties (they were boyfriend/girlfriend) for 3 acres plus a mobile home on the land. I just found out that the boyfriend mistakingly signed a "Quit Claim Deed" that she got him to sign. This took place about 4 months ago. In my contract with them, one of the covenants that was to be met was: "The Buyer shall not and will not transfer or assign this agreement or any of his interest therein without the prior written consent of the Seller." I was never notified nor did I give my consent, which I wouldn't have. After this I have looked closer into the goings on with the property and the single Buyer left on the property. The land which was cleared and had a nice yard, is overgrown with weeds almost as high as the house. The fencing has been nocked down by a fallen tree, which the boyfriend said happened right before he left, and there is building materials that are scattered on the property, which have been there the same amount of time , about 4 months. I would like to have this woman evicted from the property since she can't keep it up, and her payments are always late. I've read that a contract for deed is easier to evict someone from than a normal rental agreement. How do I go about this and what do I do? Also, I found out that she did not get the amount of insurance specified in the contract. Any help would be greatly appreciated.

 

[Souix]

What is the name of your state? Florida

I have a Contract for Deed that was with two parties (they were boyfriend/girlfriend) for 3 acres plus a mobile home on the land. I just found out that the boyfriend mistakingly signed a "Quit Claim Deed" that she got him to sign. This took place about 4 months ago. In my contract with them, one of the covenants that was to be met was: "The Buyer shall not and will not transfer or assign this agreement or any of his interest therein without the prior written consent of the Seller." I was never notified nor did I give my consent, which I wouldn't have. After this I have looked closer into the goings on with the property and the single Buyer left on the property. The land which was cleared and had a nice yard, is overgrown with weeds almost as high as the house. The fencing has been nocked down by a fallen tree, which the boyfriend said happened right before he left, and there is building materials that are scattered on the property, which have been there the same amount of time , about 4 months. I would like to have this woman evicted from the property since she can't keep it up, and her payments are always late. I've read that a contract for deed is easier to evict someone from than a normal rental agreement. How do I go about this and what do I do? Also, I found out that she did not get the amount of insurance specified in the contract. Any help would be greatly appreciated.

***Time to foreclose, you'll need an attorney***

 

[Florida_woes]

Why would I need to foreclose? The property (mortgage)is still in my name. From what I'm reading on my Contract for Deed right in front of me. If either of the Buyers fail to perform any of the covenants, the contract at the option of the Seller can be forfeited, and the Buyer shall forfeit all payments made under the contract.
Also from what I'm looking at on the contract, she is in default of at least three of the covenants.
What I'm asking here is why would I have to foreclose, why couldn't I just get an eviction notice going.
A bit more info would help me out here.

 

[Souix]

Why would I need to foreclose? The property (mortgage)is still in my name. From what I'm reading on my Contract for Deed right in front of me. If either of the Buyers fail to perform any of the covenants, the contract at the option of the Seller can be forfeited, and the Buyer shall forfeit all payments made under the contract.
Also from what I'm looking at on the contract, she is in default of at least three of the covenants.
What I'm asking here is why would I have to foreclose, why couldn't I just get an eviction notice going.
A bit more info would help me out here.

***What does your contract say about your getting the property back? These are not tenants, they are the vendees and you are the vendor under a contract for deed. How do you know they didn't encumber the property in some way you know nothing about? Have you called the title company to do a title search?***

 

[Florida_woes]

I understand that they are not tenants. Ths was the main reason we both agreed on a contract for deed, that way either parties (myself or them) could get out of the contract if need be for financial reasons (mainly them. The boyfriend is a friend of my wife. I just wish he would've contacted us sooner about this.

Anyhow, as far as what the contract says about me getting my property back, this is word for word here from the contract:

In the event of termination of this contract by default of the Buyer, the Buyer shall and will execute a good and sufficient Quit Claim Deed and deliver same to the Seller. If the Buyer fails to execute and deliver said Quit Claim Deed, the Buyer shall and will pay to the Seller all expenses, including court costs and solicitor's fees, incurred by him in any proceeding to remove the contract from record as a cloud on his title to the property.

In case of the failure of the Buyer tomake any of the payments, or any part thereof, or perform any of the covenants herein, this contract shall, at the option of the Seller, be forfeited and determined, and the Buyer shall forfeit all payments made under this contract, and such payments shall be retained by the Seller in full satisfaction as liquidated damages by them sustained, and in such event the Seller shall have the right to reenter and take possession of the premises aforesaid.

I honestly don't believe there would be a problem getting this woman to vacate the property, as long as it was done the legal way. She's been in it about 10 1/2 months. If you have more info on the correct way to do this it would really help, also any notice and how many days worth I have to give her. I know she wouldn't try and fight it as she doesn't have the money to get involved in a court case. But I too cannot afford to seek out an attorney for this matter... that's why I'm trying to find out if there's some legal type advice out here I can get.

 

[HomeGuru]

I understand that they are not tenants. Ths was the main reason we both agreed on a contract for deed, that way either parties (myself or them) could get out of the contract if need be for financial reasons (mainly them. The boyfriend is a friend of my wife. I just wish he would've contacted us sooner about this.

Anyhow, as far as what the contract says about me getting my property back, this is word for word here from the contract:

In the event of termination of this contract by default of the Buyer, the Buyer shall and will execute a good and sufficient Quit Claim Deed and deliver same to the Seller. If the Buyer fails to execute and deliver said Quit Claim Deed, the Buyer shall and will pay to the Seller all expenses, including court costs and solicitor's fees, incurred by him in any proceeding to remove the contract from record as a cloud on his title to the property.

In case of the failure of the Buyer tomake any of the payments, or any part thereof, or perform any of the covenants herein, this contract shall, at the option of the Seller, be forfeited and determined, and the Buyer shall forfeit all payments made under this contract, and such payments shall be retained by the Seller in full satisfaction as liquidated damages by them sustained, and in such event the Seller shall have the right to reenter and take possession of the premises aforesaid.

I honestly don't believe there would be a problem getting this woman to vacate the property, as long as it was done the legal way. She's been in it about 10 1/2 months. If you have more info on the correct way to do this it would really help, also any notice and how many days worth I have to give her. I know she wouldn't try and fight it as she doesn't have the money to get involved in a court case. But I too cannot afford to seek out an attorney for this matter... that's why I'm trying to find out if there's some legal type advice out here I can get.

**A: here is legal advice. The response by Souix was correct.

 

[Florida_woes]

Like I said before... I cannot afford an attorney at this time. If I could, I'd be there, and not here, as is the case with most people who have questions on this site. I can do a title search myself at my county courthouse, that's what I did before the writing of the contract. If anyone else has any info please post. If your going to be a snert about your advice, do me a favor and don't bother posting to my question.

 

[HomeGuru]

You have a lot more Florida woes on this transaction.

signed,
snert

 

[Souix]

I agree with Snert. Writer, what are you going to do when you search title and find that the vendees have incurred a possible IRS lien (which always is placed before your's on title) or racked up several judgment liens against the property, or haven't paid the taxes in several years. What then?

I sincerely hope for your sake that there is a clear title, but, in any event, you will still need to put a hazard insurance policy on your property right away. You have taken the advice of someone (probably not an attorney) to sell on contract because it would be easier to "evict" these people. Whoever gave you that advice was wrong, you should have just rented it to them. Maybe you have legal aide in your area? Good luck to you.

 

[Florida_woes]

Thanks Souix for your advice, and curteous replies. I do know that the boyfriend is still in constant contact with the girlfriend, and that the taxes were paid (I paid them myself, they didn't move into untill the end of last year), I also have been informed by him that neither of them have had any financial problems in the past or recently that would justify a lien being placed on the property. The only thing that they might have gotten would be a "CDBG grant", which allows for improvements, and requires the person living there to live in house for 3 or 5 years, otherwise they repay the grant back. Thsi was applied for within the last two months. He's not sure if she got the grant approved but is checking into it. I am going to go to the courthouse monday and do a title search. The thing is, if it is a clear title, I don't know what to do next. Remember, I can't afford an attorney. I do know whatever notice I send her, I should at least send one certified return receipt mail, and one regular mail. Other than that, I'm not sure, and I have read that a Contract for Deed in my state only requires 60 days notice rather than all the loop holes that can be brought on by a renter and turn 30 days into much longer. Please keep in mind when responding my financial situation for an attorney. The only attorneys I can find in my area that deal with this type of situation want payment for consultation, and I'm not even sure I'll get anywhere with what they have to say.

 

[Souix]

Then you might call the title copany and see if they can pull a title report and ask what they suggest as far as your problem. I know the title company has attorneys maybe they can help I don't know. I do know from working in a title company that the employees can not give you legal advice or tell you want forms to use. So call the title company's attorneys. Who drew up the contract? Can you call that person?

 

[Florida_woes]

Actually the person who drew up the contract is a friend of mine that works in the clerk of courts dept of my county's courthouse

 

[HomeGuru]

Actually the person who drew up the contract is a freind of mine that works in the clerk of courts dept of my county's courthouse

**A: you spelled it almost correctly. This friend is a fiend.

 

[bhave55]

Similar situation

I have a similar but different situation. Occupants are purchasing mobile home and property under a contract for deed. They agreed to pay taxes and ins. at end of year now say they cannot, it was part of the written agreement. So they are only paying rpinicipal and interest. they have not signed a promissory note for taxes and insurance that would include interest. I will be loosing money if they do not pay and without a valid notarized promissory note on the taxes and insurance, I have no way to recover. I must ask them to pay at once or if not, be in default on the contract and cancel the contract for deed.
Please advise on how to legally do that cancellation and also, if I then have to evict them if they will not go.

Thanks you all very much!

 

[quincy]

I have a similar but different situation. Occupants are purchasing mobile home and property under a contract for deed. They agreed to pay taxes and ins. at end of year now say they cannot, it was part of the written agreement. So they are only paying rpinicipal and interest. they have not signed a promissory note for taxes and insurance that would include interest. I will be loosing money if they do not pay and without a valid notarized promissory note on the taxes and insurance, I have no way to recover. I must ask them to pay at once or if not, be in default on the contract and cancel the contract for deed.
Please advise on how to legally do that cancellation and also, if I then have to evict them if they will not go.

Thanks you all very much!

Seriously, bhave? You found an old thread from 2003 and thought this was a good place for your question?

Please start your own thread and include the name of your state. Thank you.