Legal Question in Real Estate Law in New York
land sale contaracs
I bought a home on a land contract I am 15 days late and the seller wants to evict the contract was never filed or notorized is it a legal contract.
1 Answer from Attorneys
Re: land sale contaracs
The reason why a land contract is filed is to protect the purchaser from the unknown transfer by the seller and in case of judgments. The reason why it is notorized is to prove the signatures, and may be a requirement for filing in the county clerk's office.
The land contract clauses ususally provide for an eviction of a tenant rather than a foreclosure in case of default.
There has to be a substantial default in the land contract.
In order to determine your rights I would have to see the land contract. Do not waite as time is of the essence.
You could lose all the money you paid and the house itself.
You do have rights, not contingent upon the contract being notorized or filed.