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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33784
Experience:  15 years real estate, Realtor. Landlord 26 years
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I purchase an investment property in 2005 and did a Contract

Customer Question

I purchase an investment property in 2005 and did a Contract for Deed with perspective buyers filed in 2005. I filed an eviction in 2008 because buyers failed to make mortgage payments. The buyers walked away from the house in 2008 prior to court proceedings. I'm now trying to sell my property but unable because Contract for Deed was never released. What are the steps I need to take to have this removed from the title?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did you ever proceed with the court action to get a judgment of eviction against them?

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Or did you just retake possession of the property?

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Do you know where they are currently located so you could contact them?

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thanks

Barrister

Customer: replied 1 year ago.
Barrister,
Yes, there was a judgement filed but I did not proceed because the buyers walked away from the house prior the court date. Yes, I did retake possession of the house in 2008. No, I could not locate them. I looked on Social Media and paid for search using "Check Mate" website. It's very possible that they left the country.Thanks,
Keith
Customer: replied 1 year ago.
BTW, I've been renting the house since 2008.
Expert:  Barrister replied 1 year ago.

Ok, then that presents something of a problem because if you didn't get the court to declare the contract for deed void in the formal court case, then it is still going to show up as burden on the title and scare potential purchasers.

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You would have to file a "quiet title" action where you basically sue the buyers to have the court declare that you are the sole owner with a clear title to the property. The court would allow you to get "service by publication" where you put a notice in the paper to get good service and then allow you to continue to get a default judgment against them clearing the title. Any local real estate attorney should be able to handle filing the quiet title action.

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thanks

Barrister

Customer: replied 1 year ago.
ok...thanks!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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