LAND CONTRACT FORFEITURE

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LAND CONTRACT FORFEITURE

1. Purchaser of your property has defaulted on payments of a land contract? Thank you for
choosing Soble, PLC!
2. Please share the land contract and payment ledger, which accurately represents the
monies paid and unpaid by the buyer.
a. This includes taxes, insurance, payments on the land contract.
3. Once we have all of the relevant documents and information, we send a 15-day Notice to
the buyer, unless the land contract provides for a different amount of time to notify the
buyer.
4. Within that 15-day period, the buyer must either pay the seller the monies owed or
otherwise forfeit the land contract.
5. If the buyer does not pay the monies owed, then we file a Complaint for Land Contract
Forfeiture with the court.
6. The court will then schedule a Pre-Trial Hearing and Hearing (typically one week apart).
7. Be advised that once the Complaint is in the possession of the court, the timeline is
beyond our control.
8. During the Pre-Trial Hearing, the judge will request that the parties attempt to resolve the
matter amicably before forfeiting the contract.
9. During the Trial, the judge essentially accounts for any attempted resolutions or
agreements between the parties and determines whether the buyer is in default before
rendering a judgment.
10. From the time that a judgment is rendered, the buyer has 90 days to redeem the property
if less than 50% of the purchase price has been paid. However if more than 50% of the
purchase price has been paid, then the buyer has 6 months to redeem the property. This is
referred to as the “redemption period”.
11. Once the redemption period is over and if the buyer has not paid the purchase price, then
an Order of Eviction is filed with the court.
12. Upon signing of the Order of Eviction, the property reverts back to the purchaser.

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