Legal Question in Real Estate Law in Indiana
Forclose on Absentee purchaser
Out of state seller financing. Purchaser of land has failed payment on Land Contract. Attempt to notify past due payment and notice of default to given address has failed. Purchaser has moved without forwarding address.
Can I deliver notice via fax to the persons work as proof of service? How do I reclaim the property if I cannot deliver the notices? Am I required to have an official court judgement or personally record a forclosure notice with the county recorders office or what other solution?
2 Answers from Attorneys
Re: Forclose on Absentee purchaser
You most certainly will need to file a foreclosure here in Indiana. The only possible exception would be where there is an unrecorded contract that contained forfeiture clause upon abandonment.
A foreclosure here requires the filing of a lawsuit and the taking of a judgment and decree in forclosure. You then praecipe for a sale which can be held by auction or by the county sheriff. This the only way to obtain title again in your name so you can resell. Otherwise, no title compnay will insure transfer of title.
As far as service, a fax is NOT service, although if you know where this person works, you may have them served at work by the civil sheriff. You also can serve by publication.
In short, I recommend hiring an attorney experienced in real estate and forclosures, which we do here.
Re: Forclose on Absentee purchaser
If you have their work fax number, you should be try to deliver notice to the purchaser at work.
Without having the contract to look at, most of your questions can not be answered. However, you will probably have to file a foreclosure suit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
