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    grnyjany's Avatar
    grnyjany Posts: 1, Reputation: 1
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    #1

    Jul 13, 2015, 09:13 PM
    Real estate law
    I'm trying to sell a piece of property in mo on a contract for deed.I have people living there.they want to buy it .I have taken out a loan using it as collateral.how or can I sell it.I want 48000 my loan is 23000 they filed bankruptcy a couple years ago,he says his credit is not good but he has been making payments to me ,I have been applying them to the loan.Iknow they are good for the money.what do I do now thanks grnyjany
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 13, 2015, 09:19 PM
    You may have a contract for deed, on a property, that has a loan on it.

    If there is no written contract, no they are not currently buying it, they are renting it, since all real estate sales must be in writing.

    Since you seem to have limited knowledge on this, go to a real estate attorney and have them write up the contract for deed. (never give them the deed, until fully paid)
    If allowed in your state, have many provisions for how to get them out, if they do not pay or if they seriously damage the property.

    In all of mine, they are allowed a 30 day notice of default, (to correct any error) and if they do not, the contract converts to a rental agreement. Then you can merely evict them.

    Make sure there is a clear understanding of when payments are due, the interest to be paid. Also expect that they will default most buyers like this do. Also how much down payment are you asking for ?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Jul 13, 2015, 11:19 PM
    It also sounds like there is a lien on the property. The OP needs to not touch this without an attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 14, 2015, 04:28 AM
    There is no problem with a lien being on the property, about 1/2 of my sales all had liens n them, I would buy the property, fix it up, and then sell it on contract. I would just have the lien paid off, prior to the contact coming to maturity.

    The issue for buyers, have been when they are following the rules, paying their contract, and the seller, defaults on his loan. The contract will not be honored by the lender with the lien on the property.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 14, 2015, 06:55 AM
    A contract for sale means that the property title does not change hands until the contract is completed. What you have done with the rent they have been paying is immaterial at this point.

    You want to have a contract drawn up (preferably by an attorney) that protects both you and the buyer. The contract should specify what happens if they default (usually it reverts to a rental lease and all monies paid are forfeit) and it should require that you keep the loan up to date. When the contract has been completed, you will have paid off the loan and can then transfer title to them.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 14, 2015, 07:32 AM
    Quote Originally Posted by ScottGem View Post
    ... You want to have a contract drawn up (preferably by an attorney) that protects both you and the buyer. ...
    The contract should also require that any improvement on the property (if there is a home on it, for example) be insured at the expense of the buyer, and that the seller be a "named insured". The attorney, who should be working for the OP, will know the procedure to follow in Missouri in case of breach of the contract by the buyer: it may require a lien foreclosure court action.

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