What Do I Need to File if a Buyer on a Contract for Deed Defaults?
Full Question:
Answer:
A notice of cancellation of the contract may be filed. The answer will depend on whether anything was filed with the recorder already regarding the transaction. Typically, the deed isn't transferred until the buyer makes final payment, so there wouldn't be a need to record a new deed in the case of buyer default since the buyer wouldn't have the deed in their name yet. In some cases, a contract for deed may be filed. If you or the buyer filed the contract for deed with the land recorder's office, then a notice of cancellation of the contract should also be filed.
If you are unsure of what is on record, we suggest contacting the land recorder's office where the property is located to inquire about filings on record. Often, the clerk of courts may be able to direct you to a searchable online records database.