Land Contract Forfeiture

How To Do A Land Contract Forfeiture

Step One:  The 'Default' of the Land Contract Buyer, referred to as the 'Vendee'

Unfortunately, sometimes a land contract 'vendor', or seller, doens't get the land contract payments (or payment of taxes or insurance) from the land contract 'vendee', or buyer.  The next step of the 'vendor' after a default of the land contract terms is to send the 'vendee' a fifteen day notice to cure the default.  That means that the vendee has 15 days to do what must be done according to the terms of the land contract.  

 

Step Two:  After the Default, Send a "Forfeiture Notice" to the Vendee, this is it.

Send it by first class mail, mail from the post office and have them fill out a "Proof of Mailing", then hand deliver a copy to the vendee, if the vendee is not home hand it to anyone who will give it to the vendee. 

 

Forfeiture Notice 

 

Step Three:  If the default is not 'cured' at the end of the 15 day time period, fill out a Summons.

 

Summons

 

Step Four:  Fill out the Complaint and staple the Summons on top, deliver copies to the District Court for filing (and pay the filing fees). 

 

You will file the original, and make a copy for yourself, and a copy for each land contract vendee.  If the vendees are husband and wife, make a copy for the husband and another copy for the wife because both will have to be 'served'.  Use a professional process server, they will do it right. This is the Complaint, even though it doesn't say 'Complaint', it is a URL.

 

Complaint for Forfeiture

 

Step Four:  You will (it is expected anyway) obtain a judgment in your favor.  Fill out the judgment before hand.

 

Here is the judgment form for land contract forfeiture; 

 

Judgment for Possession

 

Step Five:  After the 90 day period of redemption the judge will sign an Order of Eviction to remove the former land contract vendees.  This is rarely necessary as the former vendees usually move out before the end of the 90 days.  Offer them a few hundred dollars in exchange for a quit claim deed.

 

Here is the Order of Eviction;

 

Order of Eviction