[jonirae]

What happens to a land contract when the deadline to pay off comes and goes whithout paying it off
Also about the paragraph that states upon default by buyer, seller may declare it void and forfeit and take immediate possession does seller just take it
Thanks for any help

[talaniman]

seller may declare it void and forfeit and take immediate possession does seller just take it

There is a process that must be gone through, like an immediate vacate the premises, or immediate eviction, subject to local laws, but are you seller, or buyer?

What state, city, or county?

[jonirae]

Seller Michigan mason county seriously cant believe how difficult this has become I simply want my property back that I have not received payment in a yr and 2 years of taxes are due 15 yr payment schedule over and no one is going to pay me off and no insurance in don't how long my insurance company wants me in possession of it before they'll cover it

[jonirae]

On another note in regard to same situation anyone have advise on how to get my property back when one of the buyers is deceased and his widow sees no reason to open probate his partner is not deceased and would love to assign it back to me no harm no foul but he cant get out of it on his own
Can I force the issue somehow as a creditor in the probate area

[talaniman]

They were in breach after they missed the first payment, and eviction proceedings should have been started then. Do so now, and consult with an attorney, because it's possible for a lien to be placed on their estate, if applicable, but that's way down the road, and you need to cut a deal to get those taxes caught up, and figure a financing scheme for insurance coverage.

You've dithered long enough, YOUR fault, not theirs! Contact the taxing authority, and get some insurance ASAP, as well as talk to a good real estate attorney because you are in cover your own a$$ mode. Hope you have good enough credit or savings somewhere. No doubt you have breached your own mortgage contract(?) by allowing the taxes to go unpaid and the insurance to lapse.

[Fr_Chuck]

You insure it as a rental property,

Was the deed transferred and this is a mortgage ?
It is a contract for deed and you hold the deed and they just hold the contract ?

What does the contract say about default, does it change to rental ?

But you follow the rules according to the above? If the deed was transferred, you file in court for a default.

If you hold the deed, you file for an eviction as in rental property.

[jonirae]

I hold the deed
Land contract says seller has right to immediate possession upon default consider void and forfeit all remaining money due
One of the buyers is deceased how to get it from him
Can I force the widow to act somehow
Thanks

[talaniman]

You must evict lawfully to reclaim your property, and sue lawfully for any money owed. Lawfully means through the court, and NO you cannot force someone to probate a will you are not a party to.