Jacqueline Wright Maysville, KY Estate Planning Attorney with 21 years of experience (606) 564-5585 24 W 3rd St Maysville, KY 41056
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If the buyer defaults on the contract, the seller can file a court action called land contract forfeiture (although in some cases a court action isn’t required for the seller to begin the default process). This means that the buyer gives up all money paid to the seller for the property according to the land contract.
What is a land contract? A land contract is a contract between the buyer and seller of a real property in which the seller provides the buyer financing for the purchase and the buyer repays the resulting loan installments.
Buyers place a lot of trust in the seller with land contracts. This is because there are fewer legal protections than with a traditional mortgage. For example, if you’re a seller who is still making payments on your mortgage and you offer a land contract, then you could still default on your own payments.
Land contracts often have high interest rates because the seller is taking a risk. Ownership: Land contracts are in a gray area for ownership. A traditional land contract creates a situation where the buyer receives equitable title. However, the seller continues to hold legal title to the property until it is paid off.
Here are the top three advantages to using this option: Easier financing: Owner financing cuts out the middleman, meaning the closing can often happen faster than when a lender is involved.
The land purchase agreement includes the purchase price, interest rate, loan term, installment amount, and down payment (if any). These are a lot of different details and you want to make sure you understand and are comfortable with them all. Visit the land.
Land contracts can be a good option for buyers. With that said, it’s something that you’ll want to take seriously. Real estate rules (as they pertain to land contracts) vary depending on the state, and you’ll need to pay close attention to these depending on your area.
When the land contract vendor died, his interest in the land contract passed to his estate. His estate is bound by the terms and conditions of the land contract. If there is no acceleration clause upon death, then you could continue to make your monthly payments. However, depending on the interest rate of the land contract, you might want to explore the possibility of a mortgage which might give you a lower rate. Even if the daughter is nominated as personal representative in the decedent's will, she will have to start a probate estate in order to be granted power to act. The Will itself is like a road map telling the personal representative what to do. Only a Probate Court can grant a personal representative the power to do it.
The death of the maker of the land contract does not terminate the contract. It is still enforceable according to its terms so you should continue to make the payments you are obligated to make. This might be a good time for you to try to get financing to pay off the contract and try to negotiate a discount for early payoff of the contract.
Unless the contract itself calls for acceleration, there is no acceleration. Make the payments to the "Estate of" the vendor.
A "land contract," which is also called an "agreement for sale" and a "contract for deed ," may or may not be binding on the heirs. The language of the agreement you signed will control. Look for the words "heirs" in your agreement or have a real estate attorney look at it for you. Report Abuse. Report Abuse.
The executor should be bound by the contract unless there is something in the contract which allows for acceleration under the circumstances. You should consult a real estate attorney to have the contract and all relevant facts reviewed. * This will flag comments for moderators to take action.