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Land contract
I am buying a house on a land contract. I have gotten behind in my payments so the seller gave an eviction notice. I have tried repeatedly to call the seller and he will not answer or return my calls. I have let him know that I have the money not only to pay what I was behind but to also pay the remaining balance of what is due on the contract. Will I still have to move and lose my home since the seller will not return my calls.
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Read your contract. The contract should specify what happens in case of default and should define what constitutes default.
If you are in default and the seller proclaims you so according to the terms of contract, you may not be able to recover from it. On the other hand, the seller can't evict you, that has to be done by court order. So you will get a hearing at which you can show the court the ability to pay the balance of the contract and your attempts to work this out. However, many land contracts have a clause that states that in case of default the contract reverts to a rental lease and all monies paid are forfeit. The seller becomes your landlord and you are subject to the laws governing the landlord/tenant relationship. |
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