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J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2998
Experience:  21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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How can we get our property back when holders of the ...

Customer Question

How can we get our property back when holders of the mortgage are behind in their payments as well as their taxes. We hold the mortgage (Not an institution)
Submitted: 8 years ago.
Category: Legal
Expert:  J D Haas replied 8 years ago.
You can contact a California property lawyer to help you with this. You can find them by an internet search: "California property/real estate/eviction lawyer/attorney" or you can do this yourself. It sounds like since you hold the mortgage, this situation is similar to a contract for deed. You would go through the eviction process to evict the tenants and regain the property. Your contract should have had language placed in it for the event of an eviction. If it does not you follow the laws for eviction in California. Here is some information: http://www.expressevictions.com/eviction-law-in-california.php

However, because they are landowners currently, this is not as simple a procedure as a regular eviction because they are not merely tenants, they are landowners under the contract. The procedure is more complex, and you may need legal counsel, but the site that I provided and others will provide some general principles to follow. A property lawyer may be necessary since they do have more legal rights than a pure tenant has.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.
Customer: replied 8 years ago.
Your answer was very general, which is probably all you could do with this. It didn't really tell us if we could get the property back!
Finding a property lawyer seems to be difficult.
Expert:  J D Haas replied 8 years ago.
Yes, you will get back your property.

Yes, you will get back your property if you were selling this property on a contract for deed and the tenant did not make payments. In that situation you will recover the property, the issue is whether you can do that yourself or not. If the contract for deed was well-written, then there should be provisions in it for eviction if the tenant defaults. If not, you can still evict them and recover your property, but the process may require a lawyer. There are literally thousands of qualified property lawyers who can help you with this in So. Cal.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.

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