[dontpaytobenice]

Sold my house on Contract for Deed (10/1/14) in North Dakota. The Deed is signed and notarized, but was not recorded. The down payment was not received at signing, and we verbally agreed that it was to be included with the first monthly payment (11/1/14). I have a check, but was informed by the buyer that due to personal issues, the check is no good. She has possession of the house. Before the date payment was to be made, she informed me that she was going to Canada for an undisclosed amount of time. She had the water shut off to the home. I spoke with the "water guy"(on 11/10/14) who informed me that when he shut the water off to the home, she was not present, nor to the best of his knowledge the pipes and water heater were not drained, which can and will cause major damage if they freeze. I have no idea if the heat is on or not. Since she has not paid ANY of her payments, including the down payment,and has apparently abandoned the home (some belongings remain as far as I know) what can I do and how fast to ensure no further damage is caused?

[ScottGem]

First a Contract for Deed is still not a Deed, it's a contract. The contract is signed and it can be notarized. It can even be recorded though its not required.

The terms of the contract and what to do in case of default should be spelled out in the contract, so you need to read it. Generally such contracts call for the contract to be changed to a rental lease.

Without knowing what the contract says I would guess that you have to send her a notice that "according to the terms of the contract she is in default". In the notice tell her she has 3 days to pay in full or vacate the premises. You can send this to the last known address, which may be the house. If she doesn't pay in full in 3 business days, you then file for an eviction order in court. A hearing will be scheduled at which an eviction order will be issued. At that point you can hire a sheriff to physically remove her (or her things) from the property.

In the mean time, you are still the owner of the property. You have every right to enter the property, make sure the pies are drained and whatever else is necessary to protect the house. If she changed the locks without giving you a new key you can have a locksmith get you in.

[dontpaytobenice]

Thank you so much. The letter is being drafted now!

[ScottGem]

Keep us posted.

[AK lawyer]

Thank you so much. The letter is being drafted now!

That doesn't address the more pressing problem of the danger of the pipes freezing. As ScottGem wrote, you need to review your contract and, assuming it allows you to enter the premises, do so ASAP! If it is in North Dakota, it may well be too late.

[dontpaytobenice]

Keep us posted.

Okay, here goes... any advice will certainly help!


11/14/2014

NOTICE OF DEFAULT

Dear Jane Doe,

I am writing in regard to the Contract for Deed and Promissory Note dated 10/01/2014, for the amounts of $XXX (down payment as agreed upon in Contract for Deed) and $XX,XXX (remaining balance of said Contract).


I hereby notify you that you have defaulted the aforementioned note by failing to pay the installment amount of $XXX on the due date: 11/01/2014, as well as abandoning the property located at 123 Some Street, Somewhere, North Dakota 12345, therefore making said Contract null and void.



Contact has been attempted to rectify this situation with no response/reply from you.

Therefore I have no other choice but to demand either full payment of the entire balance of $XX,XXX, which includes the initial down payment of $XXX, or vacate the premises.


Should you fail to make this payment or vacate within 72 hours, I will be forced to take legal action which could incur more costs on your behalf, as well as the loss of any and all personal belongings located on said property.

Sincerely,
Don't Pay To Be Nice

That doesn't address the more pressing problem of the danger of the pipes freezing. As ScottGem wrote, you need to review your contract and, assuming it allows you to enter the premises, do so ASAP! If it is in North Dakota, it may well be too late.

Oh I know, and I'm sure it is. Me getting there is the issue! I don't live nearby.

[joypulv]

Call a real estate broker in the town. They won't be busy and will know who can get in and how, and will be happy to help, because you are a potential client.

Your letter has some conciliatory words that are not necessary, such as contact has been attempted, and the bit about abandonment may not be technically true under the law there. Plus it's not necessary.

I would mention that she had the water shut off without draining pipes and leaving any heat on, causing you time and expense. That says it all.

She may be a professional itinerant for all you know, never paying anyone for any place she lives. Some such people fight every bit under the law, so the less you say the better.

[dontpaytobenice]

Call a real estate broker in the town. They won't be busy and will know who can get in and how, and will be happy to help, because you are a potential client.

Your letter has some conciliatory words that are not necessary, such as contact has been attempted, and the bit about abandonment may not be technically true under the law there. Plus it's not necessary.

I would mention that she had the water shut off without draining pipes and leaving any heat on, causing you time and expense. That says it all.

She may be a professional itinerant for all you know, never paying anyone for any place she lives. Some such people fight every bit under the law, so the less you say the better.

Sure is beginning to make me think that! I have just found out that she is also married, her husband (not US citizen and denied into the US) is NOT on the contract. Whether that matters.

[joypulv]

No it doesn't matter. If you have spoken with the water employee, call him. He can probably drain the pipes.

[dontpaytobenice]

No it doesn't matter. If you have spoken with the water employee, call him. He can probably drain the pipes.

I have spoken with him, and "due to liability issues" he will not do it for me.

[tickle]

I have spoken with him, and "due to liability issues" he will not do it for me.

No he cant go into the house to drain the pipes. Your representative, with authorization, or you cannot do this.

You have to have a POA to do this, someone you have appointed in writing to meet him there.

[ScottGem]

See what I meant about others chiming in. Everyone has given good advice. I do think you should leave the contact has been attempted in, that protects you from a claim of arbitrary action. But leave off the abandonment piece as it is unnecessary and unproven.

Retain a local plumber. Send him proof of ownership and written permission to enter the premises by whatever means necessary excepting damage to the property. A POA is not necessary. Written authorization with proof of ownership is sufficient.

[dontpaytobenice]

See what I meant about others chiming in. Everyone has given good advice. I do think you should leave the contact has been attempted in, that protects you from a claim of arbitrary action. But leave off the abandonment piece as it is unnecessary and unproven.

Retain a local plumber. Send him proof of ownership and written permission to enter the premises by whatever means necessary excepting damage to the property. A POA is not necessary. Written authorization with proof of ownership is sufficient.

Wow! A huge thank you to all of you who answered.

Being as the home is located in Podunk Middle Of Nowhere, it will be much cheaper for me to go there myself and take care of it. The letter is ready to go and will be mailed tomorrow a.m. I will let you all know what happens! **crossing my fingers this works** Wish me luck!

[joypulv]

Send it certified.

I beg to differ with all the people who say you HAVE to provide proof of ownership to send someone in. I too live in Podunk and I can send someone in by leaving my door unlocked, for pity's sake. Everyone knows who owns what and who is renting and so on. If a plumber wants it, fine.

[AK lawyer]

Right now, the temperature in Bismark is 12 degrees F, and it has been in the teens for the past few days. No doubt the temperature in "Somewhere, ND" is similar. If the pipes were not drained, and if the heat was turned off, major damage has already occurred, I am sure.

[J_9]

Be sure to send that letter certified mail return receipt as well as regular mail In some locations certified with return receipt will be accepted as service of process should this become a bigger legal issue than it already is.

[Fr_Chuck]

So much also depends on all the terms, in the contract for deed. I have about 5 properties I am selling that way right now.

All of them have me retaining ownership till house is paid for, and at any time, the money is not paid, it reverts to a rental, where I can merely evict them

I hope this contact for deed was written by an attorney to keep you protected.

I also have right with notice, to enter the house, with notice for inspection, (24 hour notice) or to enter for an emergency.

A certified letter, and also a notice posted to the door, normally covers me for notice.

[dontpaytobenice]

Thanks again to all of you!

UPDATE: I sent my certified letter on Monday, today being Wednesday, it has not even arrived at destination. I received a call that this afternoon, her "rent to own" furniture was repossessed, and the keys were relinquished to my neighbor. She has officially abandoned the property. Also the heat was left on so no frozen pipes!! No more worries! Thank you all!!

[ScottGem]

Glad this part worked out.

Did you have someone do a walk through to check for damages? Tenants that just leave like that, generally don't leave the apartment unscathed. Do you have a security deposit? Hopefully it will cover unpaid rent and damages.

[dontpaytobenice]

Glad this part worked out.

Did you have someone do a walk through to check for damages? Tenants that just leave like that, generally don't leave the apartment unscathed. Do you have a security deposit? Hopefully it will cover unpaid rent and damages.

No security deposit, and yes, my neighbor walked through the home. Apparently when she left to begin with, she had full intention on returning, and since she was "buying" the home, what good would it do her to do any damage, as she would have to make the repairs anyway. This is definitely a win for me!! I am going there in a couple of days to clean it out.