Need help with evicting a buyer with Warranty Deed

5 Replies

I created a warranty deed along with a promissory note on a low income property in High Point and sold it to a buyer. The buyer didn't make the payments and at one point went to jail abandoning the property. Now the buyer comes back after almost a year and wants the property back saying that the warranty deed is still in his name (which it is). How do I get this person to drop all their rights to the property? So far I have had to pay the property taxes myself and also pay for cleaning the property when it was left in a bad state.

Really desperate for help.

Looks like you have to get an attorney and start foreclosure proceedings. Were the deeds and note recorded?

Originally posted by @Frank Chin :

Looks like you have to get an attorney and start foreclosure proceedings. Were the deeds and note recorded?

 Yes we recorded the deed. But a separate note wasnt recorded. Any idea how long these take and how much this costs?

It was actually a land contract. Not sure if that makes any difference. But I had read that with a land contract, there is no need for a foreclosure but just an eviction.

Originally posted by @Harsh Desai :

It was actually a land contract. Not sure if that makes any difference. But I had read that with a land contract, there is no need for a foreclosure but just an eviction.

This is probably the most "you really need to talk to an actual attorney" I've felt since joining biggerpockets a few months ago.  You really need someone to look at the documents you have, what they say, and pit that against your local laws and procedures. 

If this was a land contract then the contract should have been recorded and the deed should only have been recorded once X% of the purchase price was paid.

I agree with @Nicky Reader ... posting here is going to solve nothing. You are in way over your head and should find true legal help ASAP and especially before this guy sells the property.

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