Contract For Deed

[Charity]

We have a contract for deed that our church was/is paying on. This is the church building. The contract is in the 'name' of another church. The pastor of that church was acting on behalf of our board as a board member when this contract was signed. My question is this: Since the contract for deed is in the name of the other church, but we have been paying on it what is our legal right? The church in which the contract for deed is in has sent us an eviction notice. We feel we have every right to that building since we have been paying for it. The owner has tesified in writing that all payments received for this 'contract for deed' have been from our church. My next question is this: Since 'technically and legally' the owner has not received payment from the church named on the contract can he void the contract for non-payment and rewrite the contract in our name for the remainder of the note since we have been the ones paying for it? Is this legal? Since legally the "name church" has not made any payment. Will the owner be protected from any law suits if he voids the contract for non-payment?

 

[ALawyer]

There seems to have been an error, and in that case the courts would likely impose some sort of trust relationship.

I'd suggest that you speak to a lawyer locally (from AttorneyPages.com unless you have a really qualified church member who can handle it) and get his or her read and ask how to correct this. Then approach the other church to correct it. A letter from the lawyer may do the trick.

One thing. Try not to get the lawyers to dig their heels in and make it a fight to the death. Some lawyers are all too willing to make a major and expensive thing out of a dispute and that often tends to make the lawyers rich and not be in the interest of the community.

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