Updated over 8 years ago on . Most recent reply
Lawyer Recommendation in OK and PA
About to close on a non-performing CFD from a private equity firm. Looking for a lawyer to guide us through eviction/ foreclosure in OK (Kay Country) and PA (West Newton). Any recommendation would be appreciated.
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@Steve Babiak: you are absolutely correct on that if the tenants are traditional borrower occupants. That said, it's sometimes hard to say without looking at the specific documents. People use the term CFD (I'm assuming @Riaz Lakhani meant "contract for deed") to describe a lot of different documents. When I hear the term, I usually think of what we in PA call "installment land contract." But then, I've seen cases where what they really had was a lease with purchase option. I've also seen cases where folks use CFD to mean a private note and mortgage held by the seller. So depending on the exact situation, you may in fact end up bringing an eviction action instead of an ejectment action. This becomes a bigger issue when dealing with properties outside of Philadelphia and Allegheny County since the Installment Land Contract Law doesn't apply.
Likewise, there may also be situations where a foreclosure action should follow an eviction action instead of an ejectment action. These circumstances are fact specific and I don't know if a Pennsylvania appellate court has expressly addressed this issue. But I have seen it happen from time to time.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information