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-   -   Contract for deed (https://www.askmehelpdesk.com/showthread.php?t=107378)

  • Jul 6, 2007, 12:36 PM
    jonmik
    Contract for deed
    I have a contract for deed on a house. I put 10% down a year ago and have made the payments on time for a year. I am moving because of a job offer. I just want to give the house back to the seller. I do not want anything back. Can he sue me for non performance?? I ask him to simply sign a quick claim deed to give it back to him and he said no.
  • Jul 6, 2007, 12:50 PM
    ScottGem
    If you have a contract for deed then the deed is not in your name. A contract for deed does not transfer ownership until the contract is completed.

    If the property is in your name then sell it and pay off the contract.
  • Jul 6, 2007, 03:44 PM
    Fr_Chuck
    Jomik you should not be disagreeing with correct advice, if you don't understand it, that is your problem.

    But with a contract for deed, the deed of the house is not in your name, the original owner holds the deed in his name, and only signs it over to you after you complete paying.

    If you had the deed put in your name, with the seller holding a lien, that is not a contract for deed.

    On a contract for deed, most have in the contract terms to allow the seller to take over the home if you don't pay. And allows you to walk away if you want.
  • Jul 6, 2007, 04:23 PM
    ScottGem
    First may I call your attention to the guidelines for using the Comments feature found here:
    https://www.askmehelpdesk.com/feedba...ure-24951.html

    I must say you have some nerve giving me a negative comment then e-mailing me with a follow-up question. This is a PUBLIC forum. Help is given on the public boards. If you have a follow-up use the reply option.

    Finally, my answer was somewhat vague because your question contained conflicting info. As Chuck said a contract for deed does not transfer ownership. A contract for deed usually does contain provisions for foreiture of any money paid giving the purchaser an out. So you need to read your contract to see what it actually says.

    But if you don't have a contract for deed, if ownership was transferred, then you have a mortgage and are responsible for the mortgage.

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