We have a contract for deed for a house and trailer on this property, we have paid our down payment as scheduled and made all the mortgage payments as stated on our contract, the seller told us that she needed to stay there in the trailer on the property for three months until she could move, now its going on five months so we told her she would need to start paying rent since that's is what we intended on doing with that trailer so we could make improvements on the home on the property. Well now she refuses to vacate the trailer until she gets the full payoff of the property. We must rent this trailer to add a furnace that was not in the home and make other improvements, she has also removed the furnace from the trailer and made other repairs to the trailer without our consent and she also refuses to pay rent for the trailer. What if anything can we do? Do we have to let her stay in the trailer until we pay off the house and property? Can we just make the interest payments as stated in our contract or should we continue to pay mortgage plus interest payments?

In a contract for deed the seller retains ownership of the property until the terms of the contract are met. At that point the seller deeds the property to the buyer. If that's the type of deal you entered into, then you have to continue to make the contractual payments (which are not a mortgage by the way).

If the seller is violating her end of the contract, by not turning over the property for your use, then you need to sue her. Since you don't own the property, I'm not sure that an eviction is the proper course.

OK so you are saying I as the buyer actually can't make her leave the other home on the property because she still owns said property. So as the buyer here and yes I am aware that most buyers do not complete the sell. I wish to sell my contract or get my own loan on this property because I do not want to be one of those buyers that pay off a property fix it up and then get foreclosed on. When we moved into this property the seller was still here and we helped them move out and to the other place on the property. The property is in need of repairs such as a furnace (there is none installed currently) This is a sample of the cfd what is my best bet AS A BUYER? Any advice?

SAMPLE:

I ________________agree to purchase the property @ #____ & #_____ said property is at the intersection of _____________(4 acres m/l) from ___________for the sum of 65,000, which will be paid by assuming the loan at Bank for 50,000 and can be paid off at any time with out any penalties and giving seller 500. Per month or a minimum of the current interest rate at the bank that is being charged to be applied to the loan/payment. At which time the loan is paid off in full the property will belong to buyers and/ or assignees. Payments will begin on 5-6-2007. The remainder will be paid to seller in the form of cash for $1000 to be paid by 5-10-2007 And $1000 to be paid on 6-1-2007 if not before. The balance to be paid in six payments of $2167. Every 4 months starting with the 1st. Payment due on 10-1-2007. If this payment can't be made at the time it is due as an interest payment of 10% of the amount of the payment that is not made will be paid to seller.
Example:
If only $1000 payment is made, then 10% of the remainder will need to be paid which will be $116.70 the $1000 will go to the principal payment and interest is sellers for her trouble and a balloon note will be due on or before the term of the 2 years is up. This contract is subject to title search, and surveying of the property mentioned herein. If any problems arise from these contingencies then all parties will need to reenter into a new agreement.
6 Payment due dates are
10-1-2007
2-1-2008
6-1-2008
10-1-2008
2-1-2009
6-1-2009 balance will be due
Any payment can be made early with no recourse. Any changes in this agreement must be approved by all parties and initialized by all parties involved.
To have and to hold the same unto the Buyer, his Executors, Administrators and Assigns forever.
And the Seller does, for itself and its Heirs, Executors, and Administrators, covenant to and with the Buyer, his Executors, Administrators and Assigns, that the Seller is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that the Seller has good right to sell the same aforesaid, and that Seller will warrant and defend the sale of the said property, goods and chattels hereby made, unto the Buyer, his Executors, Administrators and Assigns against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, the Seller has hereunto set its hand and seal on May __5_, 2007.
___________________________ ___________________________
Seller Buyer
___________________________ ___________________________
Witness Buyer

STATE OF _MISSOURI COUNTY OF ________________

Before me personally appeared ____________________________, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged before me that it was executed for the purposes therein expressed.

WITNESS my hand and official seal this date _________________________.

My Commission Expires:____________________

Ok, First, this is a bit confusing. If I follow this, you are assuming a mortgage that had a balance of $50K as well as paying $15K additional. The $15K is being made in several installments (2 @ $1K and 6 @ $2167) with the final one on 6/1/2009.

Now some questions. Has the bank allowed you to assume the mortgage and placed it in your name or are you just paying the owner and she's paying the mortgage? How much time is left on the mortgage?

The contract states nothing about what happens when the $15K is paid off. It seems to indicate that the property will be yours only after the mortgage is paid.

Have you tried to obtain your own financing?

Was anything put in writing about her staying in the trailer?

It seems to me that if you want to resolve this, the best way is to get your own financing, pay off both the mortgage and the $15K, then get the owner to quit claim the property to you.

Another possibility, is to deduct a fair rental from the $15K part of the payments you are making to her. But as long as the deed is in her name, you can't get her off the property without taking her to court. Once its in your name, you can evict.

Yes you are following this correctly. We are just making our payments to her in cash and we told her last month we would start charging her rent so we have deducted it off our first payment of 10% of 2167.00 since she was still living there and had removed the furnace from the trailer. She also stated we owe for three months insurance at 40.00 per month which is not in the contract at all nor do we have anything in writing relating to her residing in the trailer for any length of time. Can we legally do this even though she states she will not pay rent and could she foreclose on us? And if she chooses to do that what will be our options? The property will not be ours until the entire mortgage is paid off, and no we have not chosen to get any financing as of yet.

If she tries to foreclose take her to court. You should put what you deduct fir rent in a separate account just in case you lose. But I think, under the circumstances, you would win.

Can she evict us from the property? She states that if we do not have 50k insurance coverage on top of what we are currently paying then she will vacate us from premises on nov 15. It seems to me it is all just going sour real fast I mean we have only been here since June and now she is ordering all these things be done that we not in the contract in the first place. I can't get my own financing att thi stime because I do not have enough of a down payment.

If there is nothing in the contract about mandating insurance coverage then she can't do it. But since she is apparently looking for a hassle, you need to be scrupulous in your adherence to the terms of the contract. You can't do ANYTHING that violates the contract at all. I would also seek an attorney who can defend you if she tries to force you out from some trumped up issue. And I would continue looking for financing.