Legal Question in Real Estate Law in Wisconsin

land contract

We had a land contract drawn up and the other party defaulted first payment. He has had judgements against him in the past. Why can we not get him out now? Why do we have to go to court and wait several months before we get him out and the house back in our possession? Shouldn't it be in our possession if he didn't even make one payment? The payment was due on Nov 15th. We have no money left to continue with what the lawyer said needs to happen. Are we going to lose the house completely?


Asked on 12/04/07, 8:03 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Land Contract Foreclosure, Getting a Defaulting Buyer to Leave

Unfortunately, recorded land contract interests, possessory interests relating to them and certain lease options to purchase can only be involuntarily terminated via two different types of legal proceedings in court. One of these legal options is a full blown foreclosure, and the other is a forfeiture lawsuit. If the debtor has other judgments or liens on his title, the forfeiture option may not be available. Either way, these proceedings are likely to be more simple than a mortgage foreclosure with shorter redemption periods. You will also be able to add legal fees and court costs to the amount of the judgment. Persons considering a land contract sale should keep all this in mind before proceeding, and compute a down payment which is sufficient to pay these potential costs for them in the event of default. Another option, of course, is to negotiate a voluntary departure of the debtor by purchasing his interest getting him to voluntarily abandon or relinquish it. Even this, however, will require professional attention to your land title in order to properly clear it of the interest of the land contract vendee. All that being said, I do not have enough information to answer your question. My above suggestions are mere speculation based upon the few facts which you have provided and are not intended as legal advice for you. You should therefore consult with your own professional before acting upon any steps which I may have mentioned.

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Answered on 12/18/07, 4:02 pm


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