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    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #21

    Aug 25, 2011, 01:58 PM
    Well, have you at least filed an Answer to this in court?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #22

    Aug 25, 2011, 03:07 PM
    I think it will go under the "termination by law" since the law allows it to go into rental once you are in default.

    1. did he hand you or mail you any notice prior to this that you were in default and give you a time frame ( 10 to 15 names normally) to get out of default?

    2.But eviction although has to be filed differently, would work the same way,

    Your fight in court will be how and when you were notified of the default ( OK I know you were aware he was not paid, does not matter, he has to formally tell you that you are in default)

    Looks as if he is going on normal practice. If he does this a lot and many of the contract for deed sellers do. I used to have 3 to 6 houses at at time on contract and was almost always had someone in default at least every 3 months.

    So he may know what is allowed in the wording to say the least possible and be allowed in court. Or he may be worded wrong and will have to refile eviction in court.

    I don't know Mississippi law, but in Alabama for example to foreclose I don't even have to file in court, I merely have to notify you of the date of sale of the property at the court house door. If you wish to fight it, you have to file
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #23

    Aug 25, 2011, 04:30 PM
    The thing you are missing is "in Accordance with Mississippi law" Until you have researched what that means your quoting the contract is meaningless. What if MS law says that a contract for deed reverts to a month to month rental upon default? If this guy is a scammer then he has probably done this before and knows the law. He may have worded the contract that way so he's hiding behind state law. He banks on his buyers not knowing state law. So they will not understand what really happens when they default.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #24

    Aug 25, 2011, 04:39 PM
    I will agree with Scott except for the term "scammer" he is a business person, and you had a contract with him.

    At that point you did not pay them the money that was owed, I guess my question is what do you think would happen ?

    Convert to rental or foreclosed, does it really make a difference, unless you have the funds and can pay in full the amount owed, either will do it
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #25

    Aug 25, 2011, 05:36 PM
    Even if this went into a foreclosure situation and you had to vacate, just how long did you think you have living there until you had to leave? Foreclosure means eviction as well.

    What difference does this make when you don't pay you don't stay.

    You are concentrating on the wrong area here. You have to remember a judge will look at the fact that you are not paying and there is a contract and the seller now is in the right and you are in the wrong.

    You never answered just HOW far behind are you in your payments to this guy anyway?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #26

    Aug 25, 2011, 07:13 PM
    *** note from OP report of the thread and request to change the question.

    We really don't change the question, if you had asked it, and there were no answers, but the answers are based on the way the question is posted, if you change the way it is worded, it may make some of the answers seem wrong.

    If you think you worded it improperly please feel free to better give details.

    You were asked several times to tell us, how you were in defaut, how you were notified and in payments how many months are you behind ?

    That will make a difference, and if we are not told, we have to assume, and we normally assume the worst.

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