Legal Question in Real Estate Law in Nevada

Re: Uncollected mortgage payments

Your question is not completely clear. Do you mean that you were making payments to the previous owner of the house, and he was holding the deed for security? Did you have a collection account set up with the title company, and you were sending the payments to them to pass along to the seller?

If I am understanding this correctly, you must continue to fulfill your contractual obligations under the purchase agreement, while pursuing a "quiet title" action against the previous owner and anyone else who may claim an interest in the property. There are competent Elko attorneys who know real estate law and can help you take this course. If you need a referral, the title company may be willing to make some recommendations for you.

If the seller cannot be located, you still may be required to pay the payments into a "constructive trust" to be held, in case he should show up suddenly. It is a rare case where you may be forgiven your duties under the contract completely, but view it as a savings account you hope one day to be able to pull out and spend as you please.

Find legal counsel and make a formal petition to the court to declare the property abandoned, your obligations fulfilled and the property yours. It may be a tough sell to the judge, but I don't see another ready option.

Good luck!

Re: Uncollected mortgage payments

Please call us to discuss. We need to know what payment arrangements you have, to whom, etc.

With a little additional information we can respond more intelligently.