Real Estate Law
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Answer: If your contract states that after a non payment past the 5 day cure date, the other party is considered to be in default and you can take the house back, then your son should be able to do that. The issue then becomes, HOW can he do that. More than likely the reason the lawyer is asking for $10,000 is so he can cover his fees to file a lawsuit to get a foreclosure judgment. However, there may be a non-judicial foreclosure clause in the contract that allows for a cheaper way to get the house back.