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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7210
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I need the steps and proper forms to file for ( West Final

Customer Question

I need the steps and proper forms to file for ( West Virginia Final Notice of Forfeiture ) for land contract
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

Customer: replied 2 months ago.
I do believe I only need the following files after reviewing the us legal link:8.) Notice of Intent to Enforce Forfeiture Proceedings;
9.) Final Notice of Intent to Enforce Forfeiture Proceeding and Request to Vacate;I have reached out to a few local lawyer to assist with process. But the hourly rate of $215 at roughly 10 hours. Is just about more then what the property is worth.So I need the steps to take in WV.Google searches are not being very helpful.
Expert:  Attyadvisor replied 2 months ago.

You can purchase the forms from the site I provided. Otherwise the forms are drafted by Attorneys that will charge a preparation fee. This should not take ten hours. That is ridiculous.

Customer: replied 2 months ago.
I thought that as well.What are the timelines and procedures needed to follow for this sisutation. Once I obtain the forms.Reading over the - Final Notice of Intent to Enforce Forfeiture Proceeding and Request to Vacate;
It makes it seem there is no need to involve court system.
Expert:  Attyadvisor replied 2 months ago.

If the buyer complies you would not need to go to court.

Customer: replied 2 months ago.
There not occupying the property. So I'm not sure how would I tell if they were or not.
Expert:  Attyadvisor replied 2 months ago.

Your contract should set out the notice provisions.

Expert:  Attyadvisor replied 2 months ago.

You provide notice as stated in your contract.

Customer: replied 2 months ago.
My contract states after 14th of month. They are considered in default. And shall have 7 days to vacate property after notice.So which form would I want to send them first.And do I need to record any of these documents or anything? In the state of WV
Expert:  Attyadvisor replied 2 months ago.

We went through the recording issue in your first question. You follow the instructions as set out in this link if they are not stated in your contract https://www.uslegalforms.com/wv/WV-P023-PKG.htm

Customer: replied 2 months ago.
Well I thought we covered the recording of the intel contract.But I was referring to, does any of the notices of default and then the final notice. Need to be recorded.
Customer: replied 2 months ago.
Initial *
Expert:  Attyadvisor replied 2 months ago.

My apologies I thought you were referring to original contract. You would follow the procedures as set out in this link https://www.uslegalforms.com/wv/WV-P023-PKG.htm

Expert:  Attyadvisor replied 2 months ago.

Numbers 6-11 set out the process.

Customer: replied 2 months ago.
Checking now.
Expert:  Attyadvisor replied 2 months ago.

"What happens if the Buyer violates the Installment Land Sales Contract?

What happens if the Buyer misses a payment? The contract should provide that the Seller is required to give written notice to the Buyer of the missed payment (or any other default). Then the Buyer should be given a reasonable but limited period of time to make the payment (called "cure the default"). If Buyer cannot make the payments during the cure period, the Buyer loses his rights under the contract.

Some installment land sales contracts do not require the Seller to give the Buyer any 'notice of default' or any 'opportunity to cure.' These are very strict contracts, and are usually risky for Buyers. In those contracts, if the Buyer defaults the Seller may choose to keep all the money the Buyer has paid AND take the property back from the Buyer. The law calls this a “strict forfeiture” of all the Buyer’s rights under the contract.

Courts will permit “strict forfeitures” to happen most of the time. Courts will block a strict forfeiture only when the situation is so grossly unfair that it “shocks the conscience of the court.” Usually this is because the payments made by the Buyer have been far higher than any reasonable rental value for the use of the property. That doesn’t happen very often. Courts are inclined to implement the words of the contract, the way it is written, even if it's pretty one-sided. Buyers are better off simply avoiding these sorts of “strict forfeiture” installment land sales contracts in the first place.

The contract should provide that it will be binding on the Seller, and the Buyer, and their respective "heirs, successors and assigns." This protects the parties if someone dies. The contract is still enforceable against their estate or their inheritors." http://www.lawv.net/Resources/Self-Help-Library/Housing/Installment-Land-Sale-Contracts#13

Expert:  Attyadvisor replied 2 months ago.

Do you have any additional questions for me?

Customer: replied 2 months ago.
After reviews all of the documents especially 6-11 I do see anything retaining to time limited needed to wait.
Expert:  Attyadvisor replied 2 months ago.

They have already moved out and have not paid. It is time to move forward. Your contract set out the terms and they breached the contract.

Expert:  Attyadvisor replied 2 months ago.

I will opt out for another Attorney to assist you.