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Contract for Deed - Repossession / Eviction / Foreclosure?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by d_chacon, May 26, 2011.

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  1. d_chacon

    d_chacon Law Topic Starter New Member

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    I sold my previous home via a Contract for Deed using a 3rd party management company. The management company handled the contracts and collects the money every month. I am now having problems with the tenant/buyer not paying. The Pay or Vacate notice has gone out and they have until 6/6/11 to pay or I file for eviction. The contract allows for me to evict them for nonpayment and it specifies that they will be held accountable for all legal fees associated with the eviction.

    My questions are as follows:

    (1) Is it eviction or foreclosure on a Contract for Deed in Virginia (I’ve been having a hard time finding the VA code for this). Someone told me that it’s not an eviction because it’s not a typical landlord/tenant issue and that I would have to file a lawsuit for rescission or breach and ejectment, but the management company says that in the past they’ve always evicted and never had a problem. Can someone confirm for me what the proper thing to do is in Virginia for non-payment on the Contract for Deed?
    (2) If they make payment in full during the eviction process is it true that it will “cancel” the eviction? (The management company says that they will not reject any payments and once the payment is made in full it will cancel the eviction).
    (3) If I’ve already started the eviction process and paid a lawyer to file for the eviction and the eviction is canceled because the tenant/buyer pays in full – can I still hold them [the tenant/buyer] accountable for all of my expenses having to do with the eviction (even if it was canceled)? (I’m assuming that I can because if they don’t pay on time I have the right to file for eviction so it’s their fault that I have the added expenses associated with the eviction, but I wanted to make sure.)

    The management company has lawyers that can file for the eviction, but when I try to get answers to some of my questions the management company is very limited in what they say and they are adamant that they don’t want to evict (they want to remarket while the buyer/tenant is still living there). I think this is because they want to make sure that I continue to market my house with their company and at this point I don’t trust everything they say (so I’m looking for another opinion).

    I understand that I will have to hire a lawyer to help with the eviction, but it’s going to be expensive and at this point I’m not sure if I will use the management companies lawyer or hire my own lawyer so I was hoping to get a better understanding of the law before I move forward with the eviction.

    Thanks.
     
  2. army judge

    army judge Super Moderator

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    You should speak with a couple of local lawyers about this matter.

    The initial consultation is normally free.

    So, talk to two or three lawyers and retain the one you think is right for you.

    Ask all the questions like this of the lawyers.

    It is a consultation, but it also their job interview.

    This is far too complex and technical for anyone to answer with precision on this forum.

    It is also too important to your finances to solicit opinions from strangers.

    As you've discovered, this is specific to VA law.

    I can also tell you as someone who is also licensed to practice law in VA, that not all counties address this the same way.

    Please, for your benefit, make those appointments and retain yourself a good lawyer to handle this.

    I can also tell you that if you do this incorrectly, you'll have people living in your home RENT FREE for most of the summer and into the fall!
     
  3. seanportman35

    seanportman35 New Member

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    I think you need the best foreclosure attorneys to solve your case.
     

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