Yes, if you record the co9ntract, the lender needs to be informed. But very often the contract is not recorded. Depends on local laws if its required.

Many lenders will not accept a payment that is less than a certain percentage of the actual payment. But, if they have been making partial payments, you should make a full payment as soon as you have enough.

But the bottom line is, if they are in default, void the contract and evict them.

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Originally Posted by Fr_Chuck

well of course the contract for deed is actually not normally recorded, but it still can not be sold unless the new buyer will agree to honor that contract. And no there is no restriction unless the contract does, to use the checks for any specific issue.

But the real issue is that 10 days after the first paymet ws not paid in full, action needed to be taken, not 3 months latter.
And of course if you did not have 6 months or more payments ahead one should never self fiance or rent a home that has a mortage, if you can't afford to pay the entire bill if and when the renters don't. it is why many, many owners lose the rental homes.

I have bought and sold dozens and dozens of homes on contracts, I would never ever record one at the court house. And the first day a payment is late, I either get payment or it does into default, it has to be ran as a business

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This home is not a rental home is an agreement for deed,they are buyers not renters.Yes an agreement for deed is to be recorded by the circuit clerk in Illinois and I have checked,it was recorded by their attorney.Well as of tomorrow my attorney will put this into default,I will not pay him any more money if he doesn't fix this disaster!

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Originally Posted by mamaof10

This home is not a rental home is an agreement for deed,they are buyers not renters.Yes an agreement for deed is to be recorded by the circuit clerk in Illinois and I have checked,it was recorded by their attorney.Well as of tomorrow my attorney will put this into default,I will not pay him any more money if he doesn't fix this disaster!!

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We understand its not a rental. Have you actually read the contract? Most Contract for Deed agreements contain a clause that says, if the buyers default, then they contract is void and they become renters, not buyers. Otherwise you have a situation where you have to foreclose on them to get them out and that's a longer process. So since they defaulted you declare the contract void. Now they are tenants and can be evicted, a much shorter process.

As to recording the contract, I don't know, off hand, if Illinois law requires it. But the issue is moot since it was recorded.

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Originally Posted by ScottGem

Yes, if you record the co9ntract, the lender needs to be informed. But very often the contract is not recorded. Depends on local laws if its required.

Many lenders will not accept a payment that is less than a certain percentage of the actual payment. But, if they have been making partial payments, you should make a full payment as soon as you have enough.

But the bottom line is, if they are in default, void the contract and evict them.

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Thank you so much for all your help.My attorney will get an ear full tomorrow,I will let you know how it all works out.And my mortgage company will only take a whole payment.

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Originally Posted by ScottGem

We understand its not a rental. Have you actually read the contract? Most Contract for Deed agreements contain a clause that says, if the buyers default, then they contract is void and they become renters, not buyers. Otherwise you have a situation where you have to foreclose on them to get them out and that's a longer process. So since they defaulted you declare the contract void. Now they are tenants and can be evicted, a much shorter process.

As to recording the contract, I don't know, off hand, if Illinois law requires it. But the issue is moot since it was recorded.

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Yes I have read the contract many times,In the case of failure of Buyer to make any of the payments,or any thereof,or perform any covenants on Buyers part hereby made and entered into this contract shall,at the option of Seller,be declared terminted and the Buyer shall forfeit all payments made on this contract,and such payments shall be retained by Seller and Seller may re-enter and take possession of the premises aforesaid,and written notice of such forfeiture and re-entry served upon said buyer,heirs,executors,administrators,or assigns in person,shall be sufficient evidence of such election,forfeiture and re-entry,or Seller may have any and all further remedies avaiable to Sellar at law or in equity.This is why I am telling my attorney to evict the buyers.

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Originally Posted by scottgem

umm your attorney works for you! As chuck and i said, you declare the contract in default, which makes them tenants, you then give them a pay or quit notice. And when they don't pay you file for eviction.

Ask your attorney if he is going to reimburse you for lost payments from these people. Tell him to do the job you are paying him for.

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Thank you,amen!!

Perhaps the mortgage company is preparing to foreclose because you have let the situation gone unsolved for quite a while. I wonder if they would be interested in working with you if you sat down with the mortgage company and laid your cards out. Tell them you would begin eviction proceedings, find a new tenant, and whatever else needs to be done, if in turn they would give you additional time in which to bring the mortgage current.

And in addition to evicting your contract buyers you might be able to get a judgment against them, collect the judgment, and use the proceeds to help bringing the mortgage current.

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Originally Posted by AK lawyer

Perhaps the mortgage company is preparing to foreclose because you have let the situation gone unsolved for quite a while. I wonder if they would be interested in working with you if you sat down with the mortgage company and laid your cards out. Tell them you would begin eviction proceedings, find a new tenant, and whatever else needs to be done, if in turn they would give you additonal time in which to bring the mortgage current.

And in addition to evicting your contract buyers you might be able to get a judgment against them, collect the judgment, and use the proceeds to help bringing the mortgage current.

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I have tried my hardest to work with my lawyer to get this resolved,but it seems like my attorney is not working for me.I am calling my mortgage company and my attorney today to see how to take care of this and end this once and for all.I told my attorney on Friday to evict them,the mortgage company on Friday told me that in Illinois it can take up tp 300 days for a foreclosure to be completed.

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Originally Posted by mamaof10

I have tried my hardest to work with my lawyer to get this resolved,but it seems like my attorney is not working for me.I am calling my mortgage company and my attorney today to see how to take care of this and end this once and for all.I told my attorney on Friday to evict them,the mortgage company on Friday told me that in Illinois it can take up tp 300 days for a foreclosure to be completed.

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I have been working with my mortgage company and my realtor,we have listed the house for sale and the mortgage company will get the now tenants out. And yes,we have now excepted that our attorney is not working for us,he is working against us and doesn't want to do his job! All he was doing was charging us every time he talked to us.Well he's fired and we will work with the mortgage company and get this house sold!