Legal Question in Real Estate Law in Oklahoma
unrecorded contract for deed
I have an unrecorded contract for deed, which I have kept my part of the agreement with payments and maintenance on the home, but do to circumstances, I am unable to refinance this property within the time frame alotted. I am being threatened with eviction and a lawsuit for breach of contract. I hold the original contract for deed.
1 Answer from Attorneys
Re: unrecorded contract for deed
I have not seen your contract for deed, but I can tell you that in Oklahoma a tenancy under a contract for deed must be foreclosed the same as a mortgage. You cannot be evicted like a regular month to month tenant. However, as you admit you have not completed the contract by obtaining financing within the time alloted. I dont know that you would have a defense to a foreclosure. But who knows. Only an attorney looking at the contract and knowing all of the facts could advise you.