[ingeannie]

I am the owner of 1.34 acres of land and have a contract for sale with 2 people. This contract has never been recorded with the Clerk of Court. They have not made a payment since March of last year. I consulted with an attorney who told me that it was considered a bond for deed and that I had to give the 45-day notice, registered mail, return receipt, etc. and if they did not pay to cancel the contract and start eviction procedures. They did not accept the mail and it was returned unclaimed. I sent them a regular letter and gave them another 45 days to pay or the contract is cancelled. This was in September 2007. I served them with a Notice of Eviction on December 12, 2007. In January I filed a motion for Rule of Eviction of Tenant. I had a hearing on the 21st of February. The Judge dismissed the case because the contract needed to be rescinded. How can I rescind the contract in court? I had 3 attorneys giving me the same advice that it did not require a court order to rescind the contract. I have already spend a substantial amount of money on this case since I live 320 miles from the location of the property. The woman and her boy friend have a long rap sheet and therefore no local attorney can take my case because they have represented one or the other as their court-appointed attorneys.

[excon]

Hello in:

You recind a contract by following the paragraph that address's how the contract is to be recinded. If you don't have a paragraph like that in your contract, and you probably don't, you need a lawyer. Even if you do have that provision, you still need a lawyer because you can't seen to get your rights enforced without one.

Why don't you hire the one you consulted with, although I've never heard of a "bond for deed" and have no idea what it is. Never mind. Don't hire him.

Their rap sheet notwithstanding, I can't believe there isn't an attorney in their town willing to take your money. What? They only got 5 lawyers in that town?? They probably got 5 lawyers on every block.

If that doesn't work, hire one in YOUR town. They'll travel.

Or, just let these people stay...

excon

[Fr_Chuck]

Sorry, even a small town has a dozen attorneys and just because they represented them on a criminal matter does not stop them from sueing them for a civil matter unless tey are a current cleint,

Sounds like you wrote the contract up all wrong, and did the sale incorrect for a contract for deed.. So at this point you can either appeal the judges decission to a higher court, or do the action he wants. It would appear the contract did not have proper wording in it that changes it to a rental agreement if they default. So what the court apears to want is a form of foreclosure where you file to have the contract deemed void and ownership given back to you.

Drive to the town during the day, and hire an attorney locallly, if they will not represent you, report them to the bar association.

[danse55]

To Fr_Chuck... my small town in Oklahoma has 3 attorneys-had 4 but 1 just died, (probably of boredom)