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    Rfw4290's Avatar
    Rfw4290 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 13, 2009, 07:11 AM
    Land Contract and foreclosure
    I have a land contact (not recorded), I moved in July 1, 2007 and I have paid my payments on time for 21 months = $21,000 and the sellers were foreclosed 3 months later November, 2007. The sellers did not notify me and kept taking my payments. Now, the new lien holder has
    went to court and received a notice to evict and the sellers still haven't notified me. I found
    out when I tried to purchase the home a week ago. My mortgage specialist did a title search and notified me that the home was foreclosed on and sold in a sheriff's sale in November, 2007. My land contract expires in July, 2009.

    Do I have to vacate the premises and what are my legal grounds?

    thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 13, 2009, 07:17 AM

    First its not a good idea to piggyback your question on someone else's. Especially when it's a sticky note. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    Yes you have to vacate the premises. You made a big mistake by not recording the contract. That allowed the lender to foreclose and sell the property out from under you.

    You MIGHT be able to file suit to have the foreclosure overturned because of your prior claim, but I think that's a long shot. You do have a cause of action againt the original seller for fraud. While you should have no trouble winning that case, you may have trouble collecting on it.

    I strongly suggest that you consult a real estate attorney to try and untangle this mess.
    Rfw4290's Avatar
    Rfw4290 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 13, 2009, 07:34 AM
    Quote Originally Posted by Rfw4290 View Post
    I have a land contact (not recorded), I moved in July 1, 2007 and I have paid my payments on time for 21 months = $21,000 and the sellers were foreclosed 3 months later November, 2007. The sellers did not notify me and kept taking my payments. Now, the new lien holder has
    went to court and received a notice to evict and the sellers still haven't notified me. I found
    out when I tried to purchase the home a week ago. My mortgage specialist did a title search and notified me that the home was foreclosed on and sold in a sheriff's sale in November, 2007. My land contract expires in July, 2009.

    Do I have to vacate the premises and what are my legal grounds?

    thank you
    Rfw4290 resides in Michigan
    Rfw4290's Avatar
    Rfw4290 Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Apr 13, 2009, 07:39 AM

    Thank you, I have an appointment with an attorney on Thursday
    Morning.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Apr 13, 2009, 07:53 AM

    Good luck, keep us posted.
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