Legal Question in Real Estate Law in Indiana

land contract

I have a couple who were buying my home on land contract over a three year period. When the three years were up, they decided they needed a bigger house and didn't want to buy mine. I have been trying to get them to sign a month to month contract to at least protect myself while they are looking at other houses. They have yet to sign the contract and called the sherriff's dept. to say I have been harrassing them. What are my options. Is the first step to evict? What can I do after that? Please help! They think the property is their house and I don't have any rights.


Asked on 8/18/08, 12:01 am

1 Answer from Attorneys

Mark Voigtmann Baker & Daniels

Re: land contract

In Indiana, land contracts are in the gray zone between mortgages and leases. In the early stages of the contract, they are similar to leases in that the owner can "evict" the purchaser with ease (and the purchaser forfeits its payments). Later in the purchase period, after the purchaser has paid a more substantial amount toward the purchase of the home, the purchaser acquires rights to the real estate that are similar to a person whose property is subject to a mortgage. In other words, to obtain possesion of the home, the seller MAY need to resort to a judicial foreclosure to "evict" the purchaser. Where your sale stands in this spectrum will depend on an examination of the facts. This is the just the general picture. If you need legal advice for your particular situation, we are able to provide it subject to, among other things, our completion of a "conflict of interest" check to make sure we do not any legal relationship with the purchasers here.

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Answered on 8/18/08, 10:03 am


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