Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago on . Most recent reply

User Stats

3
Posts
0
Votes
Thomas Smothers
0
Votes |
3
Posts

Contract for Deed- lender? trying to foreclose not as agreed.

Thomas Smothers
Posted

My wife and I entered into a contract for deed nearly 2.5 years ago. We talked about refinancing with the seller but there wasn't a specified time period by which this should be done nor is it in the contract.  We received a call in the last couple of days that stated we must have refinanced by December 1st or accept 25,000 and move out. This isn't a normal property. It's a huge church with an attached building via a bridge about 20 ft. long. The attached building is 2 story.  We decided to live in top floor and rent out the bottom floors rooms as offices or storage.  We currently rent the church out but have other plans for other ventures thru said building including a coffee shop, using as a wedding venue, reunions , birthday parties etc. I know everyone is going to say contact a Lawyer but it states in contract not allowed and can't file with county. I know this is probably illegal. Need some solid advice please.

Most Popular Reply

User Stats

23,418
Posts
13,508
Votes
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
Votes |
23,418
Posts
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Looks like you’re dealing with a shark.  The “can’t have a lawyer review it before signing” is a clue.....nothing prevents you from using an attorney now.  

You Need to have an attorney read it, and send them appropriate notice of your intention.  Some contracts Do preclude recording, but it may not prevent you recording a Memorandum Of Contract.

One other concern is what liens/mtgs/debts may be, or become, attached to the property.....this is Always a risk with CFD's since title remains in the sellers name and he may not be able to deliver clear title when you are ready to pay it off.

USE AN ATTORNEY, and follow their advice.  State laws vary along with the language in your specific contract.

Loading replies...