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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31563
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We have a property in Indiana that was sold with an

Customer Question

Hi Roger:
JA: Thanks. Can you give me any more details about your issue?
Customer: We have a property in Indiana that was sold with an "Agreement for Deed" and a Promissory Note that the borrow only made a couple payments and then vacated the property and can not be contacted. What is the fasted way to get the property back?
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - thanks for requesting me. I'll be glad to assist.

Expert:  Roger replied 1 year ago.

Did you deed the property to the buyer.......or were you going to transfer the deed/title to the buyer after he made all of the payments?

Customer: replied 1 year ago.
No, we did not deed the property to the buyer, we have a Special Warranty Deed that we are presently having recorded. The note was for $25,000 and the unpaid balance is $24,986.34 so they have no equity in the property and we don't know how to contact them at this point.
Customer: replied 1 year ago.
We also know of no leins or judgments on the property and the taxes are paid up.
Expert:  Roger replied 1 year ago.
Was a deed of trust filed in the land records to show the lien -- or just a promissory note?
Customer: replied 1 year ago.
I don't think the promissory note was recorded, how to I check to confirm this?
Expert:  Roger replied 1 year ago.
The promissory note would not be recorded, but a deed of trust would. The deed of trust is what publicly publishes to the world that you have a lien against the property. Usually, you must have a deed of trust filed in order to have a right to foreclose.
Expert:  Roger replied 1 year ago.
But, if you didn't issue a deed to the buyer and if you didn't issue a deed of trust, then the best action to take would be to sue for a contract breach and disregard the foreclosure process because you already hold title to the property.
Customer: replied 1 year ago.
what is the process to "sue for a contract breach" since we have no contact information for the borrower?
Expert:  Roger replied 1 year ago.
You would have to file your door and find the defendant in order to serve him/her.
Expert:  Roger replied 1 year ago.
Yiu may have to hire someone to find the person - like a private investigator.
Customer: replied 1 year ago.
What do you mean by "file your door"?
Expert:  Roger replied 1 year ago.
Sorry - it should say complaint. I think I accidentally hit an auto key.
Expert:  Roger replied 1 year ago.
But, you'll have to be able to find the person in order to execute process and submit the person to the jurisdiction of the court.
Customer: replied 1 year ago.
Ok, how long does it usually take to complete a foreclosure if necessary in Indiana?
Expert:  Roger replied 1 year ago.
If you don't have a deed of trust or recorded mortgage, it's not likely that foreclosure is an option.
Expert:  Roger replied 1 year ago.
Also, if the buyer never got a deed, the property should still be in your name.Instead, your only option (and the only thing necessary) would likely be to file a lawsuit for breach of contract.
Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit fora assisting. Thanks!

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit fora assisting. Thanks!

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