Legal Question in Real Estate Law in Texas
Forclosure of Real Property sold on Contract for Deed
Three years ago, I sold a house in San Antonio, via Contract
for Deed. It was a simple contract between buyer and seller, signed by both parties and notarized. It stated
that the deed would not transfer to buyer until all payments
are made. Also, it stated that buyer would pay for home
owners association dues, and that buyer is responsible for
all repairs. Buyer understood these provisions and signed
contract. He is currently leasing the property (2 bedroom
home). He constantly has been late on payments, and I have
had to pay association dues the last 2 years. He also wants
me to pay for repairs, which, he knows is his responsiblility. Since the deed is still in my name at the
county courthouse in Bexar County, what must I do in order
to have him turn the house over to me?
2 Answers from Attorneys
Re: Forclosure of Real Property sold on Contract for Deed
Your Contract For Deed controls the parties' remedies in the event of default. Foreclosure is not extremely difficult, but you do need to know what you're doing. It's best to contact an attorney. You can e-mail me if you need someone in San Antonio.
Re: Forclosure of Real Property sold on Contract for Deed
There is a specific procedure in the Property Code, but you must also look to the contract for deed. You may wish to retain a lawyer to assist you in this matter.
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