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View Full Version : Foreclosure/insurance in a contract for deed Florida


jeffn2588
Oct 11, 2012, 08:58 AM
This is my first experience with doing a Contract for Deed in Florida. I have gotten some advice from friends doing this in other states, but not Florida. I have 2 primary questions, after my research.

#1 I read some old articles on the Internet stating you have to still go through the foreclosure process in the case of a default, even with a deed for contract. However, downloading a standard DFC Florida form states otherwise (that default- with the proper default notices- allows you to evict them as a tenant, and all monies received become rent). Is this true?

#2 We have very, very old trailers/houses we want to do these DFC's with, where a lot, if not most, of the value is in the land. Should we require a tenant to still get Fire/Hazard/Storm damage insurance? We have (almost) zero concern if something rare were to happen to a property, because they are old and paid for. Our concern is being able to state in the contract that we are not responsible for replacement/repair in a catatrophy, and therefore letting the buyer choose if they want it or not. Is this legal?

Thanks so much!

ScottGem
Oct 11, 2012, 10:15 AM
Generally, in a Contract for Deed the seller retains title until the contract terms are fulfilled by the buyer. That's why foreclosure is usually not necessary since foreclosure usually involved regaining title. The default clause usually states that the contract is voided and changed too a rental lease.

If the buyer will sign a clause indemnifying the seller for any repairs or damages to the structures then you don't need to require insurance.