Bond For Deed Termination

Bond For Deed Termination

Member since 2019 · 2 posts · 0 votes

I have a property in Louisiana that I did a "Bond For Deed" with the current tenants.  

They are currently going through a divorce and have both moved out of the property.

Are there any rights they have to remain in the property while this divorce is going on?

They are behind on rent and the agreement states that I can evict after non-payment.  I have contacted an attorney to start the eviction process.  I was told I need to give them 45 days before starting the eviction process because of the Bond For Deed.  The 45 days starts the cancellation of the Bond process and gives them time to settle up the money due.

Has anyone ever had to deal with this situation?  I tried to work with the couple to come to an agreement but its been difficult and I've lost patience.

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Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
6y

They are not tenants and your remedy for a "BFD gone wrong" is not an eviction.

This is not legal advice, but if I were in the same situation, I would seek a "mutual agreement to cancel" the BFD. Ask your attorney how that's done.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    The bond for deed may give them ownership rights in which case you will likely have to go through a foreclosure.

    Try and get them to sign a Quit Claim Deed to you and give them some cash for keys.

    Your attorney should have all the answers for your situation and location. If not consult another attorney.

  • Real Estate Agent · Houma, LA · Member since 2016 · 238 posts · 115 votes
    6y

    @Woody Daigle, 

               The 45 days starts at the point that the first payment is late. They have the 45 days to become current. After 45 days, the property reverts to you and the Bond for Deed agreement can be canceled. I would suggest either contacting the attorney who did your BFD paperwork or message me for an expert contact. 

    I am not an attorney and I don't play one on the internet.

  • Member since 2019 · 2 posts · 0 votes
    6y

    Thanks gentlemen.

    @Clint Galliano - It was my understanding, after doing a little research (Google), was that the 45 days didn't start until the notice was issued through certified mail.  If it starts when the payment was late then I can start the eviction process right away.  I am waiting to hear back from my attorney but I will keep you in mind if need be.

    Thanks for your offer of help.

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    6y

    They are not tenants and your remedy for a "BFD gone wrong" is not an eviction.

    This is not legal advice, but if I were in the same situation, I would seek a "mutual agreement to cancel" the BFD. Ask your attorney how that's done.

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