Michigan Land Contract - failure to pay by buyer (vendee)

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Latest post Thu, Mar 18 2010 2:47 PM by RayBrothers. 0 replies.
  • Thu, Mar 18 2010 2:47 PM

    • RayBrothers
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    • Joined on Thu, Mar 18 2010
    • OH
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    Michigan Land Contract - failure to pay by buyer (vendee)

    In 2008 I sold property on a land contract.  The property was a mobile home on a lot with water and a septic system installed with a permit.  &nb... changes he wanted to make to the property needed to be submitted to me in writing.  It was also written into the contract that he was responsibile for paying property taxes.  

    The buyer paid as contracted on time, but, when I visited the property in May 2009 I found the trailer (to which I still hold title) had been destroyed and sold for scrap, and, the septic had been dug up as the buyer wanted to move it farther from the house he wanted to build.  The buyer has since plead no contest to a felony charge and is awaiting sentencing with a possible 10 year maximum sentence.  He has not paid the propery taxes (18 months behind) and has also stopped paying monthly paments (two months behind).  He also no longer returns my phone calls.

    All things considered, I think the buyer has defaulted by

    • failing to pay the property taxes as agreed in the contract
    • failing to pay the payments as agreed in the contract
    • and breached the the contract by destroying the mobile home and septic without my written approval

    His sentencing is in the first two weeks of April, is this enough time to follow the forfeiture process to recover my property?  If it cannot be done in that time, can someone be served paperwork in a county jail or a state prison?

    Thanks

     

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