[merindy]

I live in Oklahoma and have a contract for deed and the buyers defaulted. Stopped making payments, trashed the house and finally moved when I posted an eviction. I got a judgment against them and now they want the house back claiming they paid years on it. The contract for deed had a clause if they defaulted house was mine. I still carry the mortgage. They say they own the house and legally can collect from my current renters. Is this true? They did file the contract for deed with the court house so the court records say its theirs but mortgage is mine. How do I get the court house to show the house is still mine? Thanks!

[AK lawyer]

Hard to say without reading the contract for deed; but normally a CFD does not vest title in the buyer. When the buyer has fully performed all the requirements of the CFD, then, and only then, the buyer is entitled to a deed.

So I wonder how you feel that "the court records say its theirs". It's more likely that the court record database summarizes the CFD to identify them as the owners for tax purposes.

You probably should consult an attorney who should be able to figure out how to unscramble this mess; possibly merely by explaining to the data entry clerk at the courthouse that a CFD isn't a deed.

[ScottGem]

What about the court record of the eviction? I assume you showed the court the contract and the fact that they defaulted. And that's why you granted the eviction.

What mortgage are you referring to? The mortgage you used to originally purchase the property?

If they filed a record of the contract, all that shows is that they had an interest in the property. The eviction and the judgment you received shows they defaulted. Take them to the county and have the record of the contract removed.