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    donna1957's Avatar
    donna1957 Posts: 1, Reputation: 1
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    #1

    Aug 13, 2011, 02:38 PM
    Landcontract eviction
    The lady I am buying my house from on land contract wants to take the house back she hasn't served me with any legal court papers she just came and asked me to sign a paper that she printed out herself saying that I would move out in thirty days is this a legal eviction or does she have to serve me with legal court papers
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Aug 13, 2011, 02:45 PM

    Please explain. Was it a 'rent to own' sort of deal? You say you are buying a house on a land contract; may reason for asking, if so, no you don't sign anything she brings you she has written up herself.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 13, 2011, 02:57 PM

    Questions, not near enough info. Are in you defautl by not paying for the home ? Are you in default for some other reason

    If you are in default, what is the terms in the contract for you being in default

    Notice to move is the first part of a legal eviction, required before they take you to court.

    Example one, if the contract for deed, and you are indeed in default, If ( and I can only guess because you told us noting) that the contact allows the contract to convert to a rental ( many do) then they can just evict you after they have notified you that you are in default.

    A person can wait till the other side files in court for eviction, but then you will have a formal eviction in your record.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 13, 2011, 03:36 PM

    First, you need to read your contract. This will spell out what the process is for a default. But if you are not in default of this contract, then the seller/landlord can't do anything.

    An eviction is a court order, not a written piece of paper. As Chuck said, generally a land sales reverts to a rental if the buyer defaults. If that's the case, then she can serve you a notice to vacate (you don't need to sign it), if you don't vacate, she goes to court for an eviction order.

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