[siggjek]

I own a house in Indiana and was selling it on contract. Now it has been four months since I have received payment. I have an attorney and feel like he isn't doing anything for me. My contract states if they do not pay they are in default and sellers can have immediate possession. We still have yet to get immediate possession. It also states in contract buyer not to do any construction to home without approval from seller. A roof was put on the back deck without our consent. That is also default. The didn't pay insurance on house and we had to pay which states buyers are responsible, that is also default. How much longer do they get to stay there for free while I am still paying in the mortgage? Do I have legal right to go and change locks since they did? Can I make them pay my attorney fees abd court costs. Any help I can get would be greatly appreciated as I feel my attorney isn't doing anything to help me.

[ScottGem]

No you do not have a right to change the locks. But I don't understand what is going on. Usually a contract for deed states what happens if the buyer is in default. So you need to read your contract carefully. A common clause will state that you can declare the buyer in default which will cause the contract to revert to a rental lease. You can then send them a pay or quit notice and file for eviction. However, it sounds like you have a clause that states you can repossess the property on default. So you may be able to go to court immediately and ask for an eviction order. Again, I don't believe you can get away with just changing the locks. This might be considered an illegal eviction and open you up for a lawsuit.

You do not need an attorney to do this, but yes, you can sue them for unpaid rent and court costs. But the first order of business is to get them out.

[AK lawyer]

It appears that your attorney is not interested in enforcing your rights. Get another attorney.

[Fr_Chuck]

Yes, after 4 months hire another attorney. But any and all of my contracts always stated, if in default, they revert to a rental ( or lease) and I would merely give them a pay or quit notice, and if they don't pay ( what is now rent) I evict them in housing court.

As for as a new roof, you should like that, assuming they did it up to code, got the proper permits and so on.

When is the last time you went in and did a house inspection.
Have you even given them a notice of default ?
Have you even talked to them and asked why they are not paying ?

[siggjek]

Thanks everyone for your answers! Fr_Chuck... we haven't done a home inspection since they have lived in the house. Supposedly my attry gave them a default notice but has yet to send me a copy of letter. It was an unmarried couple living in house and she kicked him out and he wants us to rekease him but we won't. 3 months after she kicked him out she stopped paying us and kept lying saying check is in the mail but we have never received it. Last time we received money from her was in Oct. She sent Nov ck in Dec but we were told frim attry not to cash it because judge would say that we were just allowing it since we cashed it. I didn't get atty until Dec because we now live in IL and I had to get atty from back home in IN. I feel like I am getting nowhere. Its so frustrating because its draining us financially!

[ScottGem]

The problem here is we don't know EXACTLY what the contract says. And you HAVE to adhere to the terms of the contract. So you need to read it carefully. If you have any question about the terms, ask. But you need to move on getting her out.