Legal Question in Real Estate Law in Arkansas
Problem with land purchase
Bought 10 acres in 1994, mobile home burned in 1996, told sellers we needed another copy of contract several times by phone and mail, never got one. Sellers were deceased by 1997, taxes stopped getting paid on land, which $10 of our payments were for taxes. Land showed up in newspaper delinquent tax properties about to be turned over to land commissioner for sale. We paid the back taxes, and notified seller's children. Called again in 1998 for copy of contract, was told lawyer's had all paperwork and I couldn't get it. That was the last contact had with them. Paid through the end of 1999 and stopped. Still heard nothing. Went to court house, found property listed as part of 80 acre tract. Called attorney, told they don't have my contract or any information on us. Highway is coming shortly, have lived here 12 years, have paid taxes since I believe 1996 except for '02 and '03 when the attorney for his estate paid them. We have lived here with no contact with the seller's children since 1998 when I contacted them, even when payments stopped seven years ago they did not contact us. Hired lawyer Dec 05 who hasn't helped. Cannot afford another attorney, appraiser for highway dept, coming soon and money will go to seller's.
1 Answer from Attorneys
Re: Problem with land purchase
Based on the facts given, you are going to have to prove that you had a land purchase contract with the deceased (including the terms of the contract)in order to obtain title to the property. You will have to prove that you have performed pursuant to the contract and that title should be transferred to you.
You noted that you quit paying in 1999. Was that because you had paid off the amount owed or just because you quit paying? In the event you quit paying and still owed under the contract, it is possible that the Defendants could cross-claim against you for breach of contract (and you would have to pay them the remainder owed).
Although you noted that you cannot afford another attorney, it is unlikely that you will be able to protect your interest in the property without one.
Additionally, the outcome of these cases are very fact specific. You should contact a qualified attorney in your area to give advice based on the specific facts of your case.
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