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