gregorygarver.com

broman1us · Joined: 12 Sep 2004 Posts: 8

I bought a house on installments, using a Land Contract. I made all the payments, but lost my contract and the Seller wont transfer title to my name...What can I do?

morwood_leyland · Joined: 27 Sep 2004 Posts: 4

Difficult one. Such contracts are supposed to be registered so it might be that you can rely on the fact of registration to prove that this arrangement is in place and that you have a right to ownership now. If it was unregistered then all you can do is to make application by letter with evidence of you payments and then sue if the necessary ownership transfer is not forthcoming. You need to take legal advice really but don't move out - you still have possessory rights and if the "owner" tries to evict you then he/she must explain all the payments (although they might just say it was rent).Do you have any correspondence from the original owner that might confirm the existence of this arrangement?

MrPlacid5426 · Joined: 11 Oct 2004 Posts: 2

It sounds like your problem is not going to be the statute of limitations. Your problem is going to be proving that your payments were installments for a purchase contract, as opposed to simple rental payments.Do you have copies of your payment checks or receipts? Were there notations on the checks or receipts indicating that they represented installments? Do you have witnesses to your land contract agreement? Were the installment payments significantly higher than the prevailing rental rates in the area? Was anything recorded with the county recorder? If the owner refuses to give you title, then you really need to contact a real estate attorney in your area. Your only option will be to sue the owner for specific performance.

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