Sold a house with a Land Contract, buyer defaulted but rented the house without my consent. Can I sale the home to someone else, if still in my name??
2007-11-04 04:45:13 · 6 answers · asked by shutterbug 1 in Business & Finance ➔ Renting & Real Estate
Yes, He does not own the house if he defaulted, you do. Kick that person out or collect rent.
2007-11-04 04:53:03 · answer #1 · answered by DT 4 · 2⤊ 0⤋
Simple answer yes you can sell, but make sure you have proof of default, send certified letter, also, new buyer probably doesnt want the guy there, especially if he claims he has the right to but the place even if doesnt, so you will probably have to perform an eviction action before you sell. I suppose you kept a deposit on the Land Contract. See if you can give the guy a few bucks to leave. If not start the eviction process right away. You should get a RE attorney to at least advise you, you could make some big mistakes if you do it wrong. Also, if the guy recorded the Land Contract at the Registry of Deeds it could put a cloud on your title, and make it unsaleable until that gets resolved. Not fun, but hopefully you can reason with the guy, if he agrees, be sure to get him to sign all the necessary papers releasing any claims or rights to the property, preferably notarized.
2007-11-04 05:37:36 · answer #2 · answered by stephen t 5 · 0⤊ 0⤋
You should first settle the problem with that illegal tenant of yours before you even thinking of selling the house because I don't know anyone who would readily buy a house when they know that they will be having lots of problems with it.
If they (the "illegal" tenants) lived in your house without your consent, chances are that you will have a hard time getting them out of there so I think you should get a lawyer or the cops involved.
2007-11-08 04:16:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends on the law of that country. In many countries it is difficult to get a house vacated due to long judicial process and corruption in police force.
If this is the case you should try and get police involved and get the house first from the tenant. No body will buy a house of which he cannot get the possession.
2007-11-04 05:15:26 · answer #4 · answered by ashok 4 · 0⤊ 0⤋
If it is still your house, then you can still sell it, but t is going to be way more difficult to sell a house with tenants, and even harder if they are 'squatters' who are not in legal residence.
If these tenants do not have a lease with you, you should either get them to sign one, or begin legal action for eviction. If they are paying rent, but to the 'defaulted' owner, and not you, then notify the police and he/she can be arrested for fraud and you can sue for lost income.
2007-11-04 05:00:05 · answer #5 · answered by Piggiepants 7 · 0⤊ 0⤋
First, you need to evict who is living there. You may be able to by-pass the 30-day notice b/c they did not have permission to live there to start with.
You may also try calling the police department first b/c technically that is breaking and entering and "squatting" all of which are illegal, and if it's a criminal matter, you won't need to go to court...I would start there.
2007-11-04 05:51:27 · answer #6 · answered by Expert8675309 7 · 0⤊ 0⤋
Start an eviction NOW. Get an attorney for help. Eviction is not a do it yourself procedure.
2007-11-04 06:31:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋