Legal Question in Real Estate Law in Montana

breach of contract with a quit claim deed/used for contract for deed

I sold my house and land using a quit claim deed form, i specified a contract for deed giving exact dates and amounts to be paid me over a period of time. the payments have been late, i have nearly lost my house 2 times into forclosure with my mortgage holder for nonpayment or late payment. A very large down payment is due and will not be made, i want to evict these people due to breach of their contract with me. I know it is winter,they do have a handicapped child, but i need my money which they already told me they don't have. what can i do and what are my rights to get this taken care of.


Asked on 1/31/01, 10:46 pm

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: breach of contract with a quit claim deed/used for contract for deed

In general, you must follow the procedures set forth in the Contract For Deed. However, it sounds as if you did not consult an attorney when you sold your home and there might not be an agreement in writing which is a true Contract for Deed. A normal Contract for Deed is a multi-page document containing all terms, contingencies, events of default, notice procedures and other procedures. There is usually an Escrow Agent who holds a warranty deed from you to Buyer and a quit claim deed from Buyer to you. My suggestion is for you to consult an attorney in your county.

Phil Oliver

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Answered on 3/15/01, 10:26 am


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