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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5322
Experience:  Licensed to practice before state and federal court
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I am selling a singlewide mobile home on a 1/2 acre lot as a

Customer Question

I am selling a singlewide mobile home on a 1/2 acre lot as a package purchase using a Contract for Deed in Florida. This is not the same as a financial institution mortgage, so I am at a loss on some concerns. Will this contract go through the closing process through a title company once the contract is active or on the backend when the property is fully paid for by the buyer? Who is responsible for any taxes levied as part of the contract to sell the property? Are any taxes or sales tax assessed on the sale of the property? Who is responsible for paying to record the deed upon completion of the contract term sale? How are late charges on monthly payments assessed and for how much and when? If the buyer gets behind or does not make payments, does Florida law allow the owner/lender to process eviction or does the foreclosure process apply as with a mortgage? If so, what is involved in the foreclosure process? A lot to ask. Thanks.
JA: Is this a fixed-term lease (like a one-year lease), or is it a month-to-month tenancy?
Customer: This is to see the property outright through Contract for Deed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. Just trying to understand what is needed to proceed. This is a private sale not involving a realtor.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 2 months ago.
No phone call necessary. Just answers. Thanks.
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. Let me see if I can take your question one by one:

Will this contract go through the closing process through a title company once the contract is active or on the backend when the property is fully paid for by the buyer?

The property will close when it is fully paid for. at that point, the deed and title can be transferred over to the buyer and recorded in the county where the property resides.

Who is responsible for any taxes levied as part of the contract to sell the property?

Typically, the buyer’s going to be responsible for the taxes.

Are any taxes or sales tax assessed on the sale of the property?

Your county is going to assess yearly taxes. That can be included as part of the payments from the buyer.

Who is responsible for paying to record the deed upon completion of the contract term sale?

The seller should do it, but it’s not required.

How are late charges on monthly payments assessed and for how much and when?

This depends heavily on what the buyer and seller agree to.

If the buyer gets behind or does not make payments, does Florida law allow the owner/lender to process eviction or does the foreclosure process apply as with a mortgage? If so, what is involved in the foreclosure process?

If the buyer Gets behind or does not make payments, then the seller can retake position of the home through a typical eviction process. The eviction process usually just requires that the party provide at least 30 days written notice that they are going to be possessing the property. Because title has not transferred over to the buyer yet, you won't go through the foreclosure process

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?