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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a owner financed property that I need to take the

Customer Question

I have a owner financed property that I need to take the next step to foreclose. I mailed and also left a copy of the demand letter on the door of the house. The certified letter was returned as undeliverable. I have made a couple calls to attorneys to start this process but have not received returned calls.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

What state are you located in? (The rules vary significantly from state to state).

Also, have you been looking specifically for attorneys with experience in real estate litigation? (Not all attorneys are familiar with this area of law - you are very wise to get an attorney on board, the remedies for a seller vary significantly and you can end up getting stuck with having to sell the property and split proceeds with your buyer based on their equity depending on where you live and how much they have paid - so getting counsel early is important).

Customer: replied 1 year ago.
I am in Texas. The property is is in Lubbock County. I tried a couple real estate attorneys in Lubbock but have not received returned calls.
Expert:  CalAttorney2 replied 1 year ago.

Texas has a couple of different forms of land sales contracts.

Here is probably one of the most helpful sites for this type of legal information: http://www.lonestarlandlaw.com/owner_finance.html

Once you identify the type of contract that you have financed with the buyer it will be easier to identify how to move forward.

I would still recommend trying to find a lawyer locally (take into consideration that we just had a holiday, and take a couple of days delay in exchange for getting an experienced litigator on board - the delay is going to be worth it in exchange for having to slog through this yourself): You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

If you are unable to find an attorney, you can do this yourself (here is a good overview: https://assets.recenter.tamu.edu/documents/articles/1754.pdf - go to the "default" section). As noted above, in Texas, the critical point in Texas (from your perspective) of having to recognize the buyer's interest in the home is either 40% of the equity or 48 payments.

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