Contract for Deed: Foreclosure or Eviction

[H&N_2008]

What is the name of your state (only U.S. law)? VA

I have two questions:

(1) I am the "seller" on a contract for deed. The "purchaser" has defaulted so I want to evict or foreclose (the "purchaser" has a few more days the correct the default). The contract that I used was handled by a third party management company. They told me that I would need to evict, but I paid for some legal advice online and was told that "you cannot "evict" a buyer to a contract for deed, under Virginia law. You must file a lawsuit for rescission or breach and ejectment". When I told this to the property management team they told me that their "attorney is familiar with our contracts for deed (this is not the same as a seller financing with title transfer) and has always passed them through as an unlawful detainer which is an eviction filing".

are these two completely different things or are they different? if they are different, does anyone know which one is correct?

(2) I would like to find a local lawyer that is familiar with contracts for deed, but I'm not sure how to go about doing it. I tried to look for lawyers first starting with "real estate" lawyers, but I didn't see anyone that is familiar with contracts for deed. can anyone tell me how to go about finding a lawyer that would be familiar with this type of contract?

 

[FarmerJ]

Try the links above on these pages . ( make sure there has not been a recorded change in this homes title /records at the county govt center ) BTW once you are clear of this contract NO more rent to own nonsense if you are going to sell for contract for deed again you may want to do it where the contract is recorded and the buyer cannot make major improvements or major changes to the house with out your written consent as well as other goodies like if you want to make sure the insurance is paid and property taxes A real estate atty can write your contract in such a way that your interest are met ( inc anything from taxes to property ins issues too)

 

[H&N_2008]

Thanks. I have definetly learned my lesson this time. Next time I will just rent it out if I can't sell it.

I was told by the management company that they didn't file or record anything with the county. I looked online through the county land records research information (part of the tax administration page for the county) and didn't see anything. The last information listed under "sales history" was when I changed my maiden name to my married name a couple of years ago and that was listed as a $0 transaction. Would this be the place that I would see if the company recorded the contract for deed or am I looking in the wrong place?

 

[H&N_2008]

After thinking about this I realized that I can't be looking in the right place because when I got married I added my husband to the title by doing at Quitclaim deed and I didn't see his information online so I must be looking in the wrong place. Is this something that can be looked up online? If so, where should I look?

 

[H&N_2008]

oops - my husband is shown on the information that I looked up. He is listed in a separate section under "additional owners".

 

[FarmerJ]

When I bought my first home it was a CD the recorded ownership information was listed (dont recall whose name was first) my name ( then) > ETAL< the couple I had bought it from. ( I was the one who took the contract in to the recorders office and paid the recording fee as well and the original contract was sent back to me when they were done recording it.

 

[HomeGuru]

What is the name of your state (only U.S. law)? VA

I have two questions:

(1) I am the "seller" on a contract for deed. The "purchaser" has defaulted so I want to evict or foreclose (the "purchaser" has a few more days the correct the default). The contract that I used was handled by a third party management company. They told me that I would need to evict, but I paid for some legal advice online and was told that "you cannot "evict" a buyer to a contract for deed, under Virginia law. You must file a lawsuit for rescission or breach and ejectment". When I told this to the property management team they told me that their "attorney is familiar with our contracts for deed (this is not the same as a seller financing with title transfer) and has always passed them through as an unlawful detainer which is an eviction filing".

are these two completely different things or are they different? if they are different, does anyone know which one is correct?

(2) I would like to find a local lawyer that is familiar with contracts for deed, but I'm not sure how to go about doing it. I tried to look for lawyers first starting with "real estate" lawyers, but I didn't see anyone that is familiar with contracts for deed. can anyone tell me how to go about finding a lawyer that would be familiar with this type of contract?

**A: you are talking about 2 different actions. On a contract for deed, you must file foreclosure to terminate the contract. An unlawful detainer suit would kick the occupants out but not generally terminate the real estate contract for the sale of the property.