Legal Question in Real Estate Law in Ohio
Breach of Contract, Eviction
I entered into a land contract with a young man and the contract was never recorded. This person has not paid dime one at anytime and I did send him a noterized breach of contract. In the breach of contract I also gave him notice that the contract was null and void. As yet he has not vacated the property. What is my next step? Is there something I should submit to the court? I really need to do this as cheeply as possible. Can not afford a 400 dollar attorney.
Anita
2 Answers from Attorneys
Re: Breach of Contract, Eviction
If the property is located in Florida, your remedy
is to file a foreclosure action. I would advise
you to retain an attorney. Unfortunately, it will
cost you money.
Re: Breach of Contract, Eviction
Based on the limited information you provided, and without reviewing the contract, it appears that you may be forced to file a foreclosure action. The good news is that it appears you have a strong legal claim and that you wll prevail. The bad news is that lawyers generally do not work for food, they work for money.
The next time you intend to enter into an agreement involving the transfer of real estate, hire an attorney to ensure that money is actually collected and documents that need to be recorded are actually recorded. A modest investment with a qualified lawyer at the front end may ultimately save you lots of time and money at the back end, when problems typically arise.
Seek the advice of counsel and good luck.
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