Legal Question in Real Estate Law in Florida

Can I sell a mobile home and lot by a contract to sell, where the buyer takes possession, and after making monthly payments for ten years, I give him/her title?


Asked on 8/15/10, 12:11 pm

1 Answer from Attorneys

Yes. That is called a Contract for Deed. In other states it is also known as a Land Contract.

The problem is that in Florida, unlike other states, when you record the Contract (which you do) the courts have deemed it no different than a deed with a seller provided mortgage. Therefore, if they don't pay, the Seller must file a foreclosure action to get their interest returned. So there is no advantage, and it does create confusion (or a false sense of security).

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Answered on 8/20/10, 1:25 pm


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