Legal Question in Real Estate Law in Pennsylvania
i was selling my home on an article of agreement only after 1 year they walked away I kept the deed and taxes in my name this is in pa. I want to just keep my home. Do I have to foreclose. They are gone from the house and I am renting in the interim.
2 Answers from Attorneys
Why not just ask the attorney that wrote the contract? No. you mean you sold to someone with no credit and didn't have someone write an agreement that covered that eventuality? Maybe you do you'l have to read the contract. If it's vague it wil be interpreted against you.
Good the savings from that will be but a down payment on what it will cost to hire someone to straighten out this matter. Not to mention how long it will take to straighten out this mess.
{John}
Thank you for your question. If the prospective buyers did not execute a Note and Mortgage for the purchase price, then there is no mortgage on which you could foreclose. The most that they had was a right to purchase the property, provided that they were not in default.
However, they defaulted and moved out of the property. Despite their default, you should take steps to protect yourself from any possible claims these individuals might make, even if the claims are groundless. In order to protect yourself, you should give them formal written notice by certified mail and regular mail that they are in default for non-payment and for abandoning the property. As a result of their default, they have lost the right to purchase the property.
Best of luck,
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