Legal Question in Real Estate Law in Indiana

I am buying a house under a land contract in Huntington, IN.

The contract states under "sellers remedies for buyer default" that,

"Before the seller shall take any legal action to cancel this contract, he shall first serve the buyer with written notice of default complained of and the buyer shall have 30 days to correct said default"

I was served with a written notice of default on August 12, for a payment due July 15. I corrected the default within days of the notice. On Oct. 4, I recieved a summons stating that I owed payments for July, August, and September, when in fact all I owed was for September 15, (which has since been paid), and I have not gotten a written notice of default, before the summons. I was in court for this matter this afternoon, I brought this up to the judge, and he is to make a decision in 48 hrs.

My question is, does the seller have grounds to cancel the contract , and retake possession of the house?


Asked on 10/19/10, 3:06 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You need an attorney to read the contract, not just post a question in this forum about a question that can't be answered without reading the whole contract.

Read more
Answered on 10/25/10, 5:59 am


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