Default: contract for deed

[mistertawny]

Okay I'm in default on my contract for deed. We are two years behind on property tax payments. The seller says he wants to foreclose right now, although we only have 120 days left on the contract. I have the place currently up for sale and it's generating a lot of interest. We expect our first offers in the next week.

I should add I'm in Kansas. But my understanding is the course of events should work this way: He sends us a notice to cure default and we have 60 days to do so. Then if it isn't cured then he moves for a court date to have the contract declared null, and then we lose possession. In the course of the almost 5 years we have never been late with a payment, or missed one, so there's no issue there. What should I do about this?

[Just Information]

Sorry that you facing this in your life but you will overcome this as long as you face this head on.

I would be happy to guide and help you out on this dilemma.

First question on the contract for deed was this document notarized and recorded?

Second question did you sign any other documents in relation to a rental or lease type of agreement?

I may need to see the verbiage of the agreement and if you wish, you can fax it to my office (775) 307-6541

I will only show you how to delay or stall this action to allow you enough time to sell this property and give you a chance to honor your word! Fair enough?

I would like to keep most of this going through this forum so that others can learn as well if that would be ok with you.

[mistertawny]

It was notarized and recorded, but we have no rental or lease agreement. I wish nothing more than to sell the protperty and pay off the debt. My wife and I knew this was coming so we had been getting ready for the shoe to drop.

[Just Information]

It was a pleasure talking with you today and looks as if we have some light at the end of this tunnel for you.

As soon as I can I will review to documentation on this case and see what road blocks we can set up to allow you time to move this property.

[Invstr73]

Please keep posting information about this situation, if possible. I would be interested in how you help them delay or stall this JM. Thanks!

[Just Information]

I truly do not see any gross neglect in the terms of the contract that would set aside the foreclosure and this is the same opinion as my attorneys.

Looks to me you need to push hard on your marketing and start a counterattack of delay tactics.