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    barablais's Avatar
    barablais Posts: 1, Reputation: 1
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    #1

    Aug 13, 2014, 12:26 PM
    Contract for Deed TX default
    Contract for Deed in Texas defaulted notice given but tenant will not sign warranty deed to clear title for sale?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 13, 2014, 03:12 PM
    Why should the tenant need to? If this was truly a Contract for Deed, then the owner should have retained title until the contract was defaulted. When the buyer defaulted, they should have reverted to a tenant subject to eviction.

    So why do you think you need the tenant to sign any sort of deed. If you signed a deed to the buyer, then it isn't a contract for deed, but a mortgage. In that case you will need to go through a foreclosure process.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 13, 2014, 10:58 PM
    On a contract for deed, the tenant ( or buyer) is not given a deed. The deed is not transferred until the buyer makes the last payment.

    If done correctly, ( and it sounds like it was not) the seller, keeps deed in their name, and all the buyer has is a contract. The buyer would never get a deed, until all money is paid.

    If in default, they are nothing but a renter and get evicted.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 14, 2014, 10:45 AM
    If the contract was somehow recorded, it may be regarded as a cloud on title. In that case, the owner would have to sue to clear the title.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 14, 2014, 10:47 AM
    I would think winning an eviction order would do that.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Aug 14, 2014, 12:18 PM
    Well, in many places eviction actions are limited in scope. You get the writ of eviction and perhaps past-due rent, but perhaps not other remedies such as to clear title.

    But I don't know that going to court for the purpose of eviction the former buyer (now tenant) is necessary. OP didn't say. For all we know, the person has already moved out.
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