Ask Experts Questions for FREE Help !
Ask
    jeffn2588's Avatar
    jeffn2588 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 11, 2012, 08:58 AM
    foreclosure/insurance in a contract for deed Florida
    This is my first experience with doing a Contract for Deed in Florida. I have gotten some advice from friends doing this in other states, but not Florida. I have 2 primary questions, after my research.

    #1 I read some old articles on the Internet stating you have to still go through the foreclosure process in the case of a default, even with a deed for contract. However, downloading a standard DFC Florida form states otherwise (that default- with the proper default notices- allows you to evict them as a tenant, and all monies received become rent). Is this true?

    #2 We have very, very old trailers/houses we want to do these DFC's with, where a lot, if not most, of the value is in the land. Should we require a tenant to still get Fire/Hazard/Storm damage insurance? We have (almost) zero concern if something rare were to happen to a property, because they are old and paid for. Our concern is being able to state in the contract that we are not responsible for replacement/repair in a catatrophy, and therefore letting the buyer choose if they want it or not. Is this legal?

    Thanks so much!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 11, 2012, 10:15 AM
    Generally, in a Contract for Deed the seller retains title until the contract terms are fulfilled by the buyer. That's why foreclosure is usually not necessary since foreclosure usually involved regaining title. The default clause usually states that the contract is voided and changed too a rental lease.

    If the buyer will sign a clause indemnifying the seller for any repairs or damages to the structures then you don't need to require insurance.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Contract For Deed on boats in Florida [ 4 Answers ]

A guy wants to buy our boat, but he can't get a loan in his name and wants us to keep it our name. Would a contract for deed work for us? And what are the legal standards on this. We want to be sure we are covered on all legal points.

Florida law for contract to deed [ 1 Answers ]

Can the buyer in a contract for deed get the property taxes and insurance in their name?

Contract for deed foreclosure in Florida [ 5 Answers ]

I gave a buyer an Owner financed mortgage, Contract for Deed, in Florida. I took no down payment, & I gave him 8 months no payments. Their first payment was due October 18th, 2009. They have yet to make even 1 payment & the taxes remain unpaid for which they're responsible. I've sent them the two...

Eviction on a contract for deed in Florida [ 2 Answers ]

We were offered to move into a home by a "contract for deed" from a partner of my husbands employer. Now my husband has been terminated from the company, and we can not afford the payments anymore. We live in Florida, with 3 kids, no income, and I want to know what actions can be taken against us...

Florida Contract for Deed [ 1 Answers ]

In 1977, my father was buying a house and entered into a contract for deed. When the house was fully paid for, the sellers disappeared with the actual deed. Now that the sellers have passed away, their children have shown up and told my father to get out, that it was their home, since they...


View more questions Search