Legal Question in Real Estate Law in Indiana

Re: Land Contract eviction

You must follow the procedures for a mortgage foreclosure if the buyer has paid at least 25% of the total purchase price. If the total he has paid at the time of default is less than this amount, then he is not entitled to any treatment other than as a holdover tenant and an eviction proceeding in your local small claims court.

Beware, your small claims court does not have the authority to declare your contract for purchase invalid, so you might want to sue him for eviction in the local Superior or Circuit Court (which are courts of general jurisdiction) to be sure that the contract is declared void. If it has been recorded this will cause a cloud on a subsequent title search and efforts to resell the property - unless, of course, he will execute a release and/or quitclaim deed.

It has been my experience that in situations similar to yours, the buyer will counterclaim to get a refund of any downpayment he may have made and that will cause a great deal of concern to the small claims judge who does not have jurisdiction over that particular matter.

Re: Land Contract eviction

To Whom It May Concern:

This is in response to your email of October 2, 2001, which this office received on November 7, 2001.

This type of matter may fall under �Summary Proceedings Act� in the state of Michigan and is based on a forfeiture of a land contract.

Thank you for your question.

Very truly yours,

Nichols & Eberth, P.C.

By: Blair Moody

[email protected]

(313) 561-5700