Can I evict or do I have to go thorugh foreclosure??

Question

I have a owner financing contract for my single-wide mobile home. The title is still under my name until he pays the total amount. The buyer was doing great but the last 3 months he has been making late payments and last month his check bounced. I gave him notice that I will only accept money order or cash from now on. If he keeps making late payments can I do an eviction or do I have to go through the whole foreclosure process??

Answer 1

Depends upon the laws of your state & whether the contract for deed is treated as real property, or as a vehicle title, whether it has been recorded, and whether your deal includes owned or leased slab. In all states I know of, a purchaser in possession of real property under a recorded contract for deed is treated as an owner & must be foreclosed upon. But without knowing the details & your state's laws we cannot advise you. Take the paperwork to a local attorney.

Answer 2

1 - To get him to leave you need to foreclose.
2 - You have no right to tell him you'll only accept money orders or cash. You're not his landlord, you're his lender.
3 - Late payments are not a reason for foreclosure, just a reason for late fees.