Legal Question in Real Estate Law in California

if i am buying property in california and I missed a couple of payments. does the owner have the right to rescind the property without foreclosing?


Asked on 6/17/10, 2:37 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your purchase may involve a note and deed of trust, or a mortgage, in which foreclosure is necessary; or it may be an instalment land contract or a marketing contract, in which case there is nothing to foreclose, and a cancelation under the terms of the contract would be possible except for the fact that, if you lose your deposit and subsequent periodic payments, that is a "forfeiture." Equitable principles will usually allow a court to make a decree preventing the forfeiture by allowing you to reinstate your contract by making the missed payments, or to get a refund. The area is complex; contact me with your details for a better answer.

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Answered on 6/17/10, 7:00 am
Anthony Roach Law Office of Anthony A. Roach

Are you in an installment land contract? Those are rare, but they are subject to special rules regarding rescission and your equity of redemption.

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Answered on 6/17/10, 11:55 pm


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