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ARKANSAS2006
04-03-2006, 11:12 AM
i have been financing a property for 8 years.the couple divorced and she has been making payments.i have been working with her on late payments and because she has not paid the insurance and taxes per the contract, i have been paying those. she has made small payment to reinbursement me. i have asked her repeateding when she will pay total amount due, but all i get is either a tentive date which never happens or she can't.the contract says if the monthly house payment is not paid in 30 days, i can enter property and take possession, but nothing about if she doesn't pay taxes or insurance.there is just a clause indicating buyers responsible for insurance and taxes. i'd rather have the money,but i am tired of fighting this and would like to know my options to evict? her. this is arkansas.

elklaw
04-05-2006, 08:36 PM
Your situation is complicated. I suggest taking the land contract to a local attorney for review and if possible, get a copy of the divorce property division to ensure that the wife got the home so you can assess if you need to foreclose on wife and husband both, or just wife. Basically, the land contract default provisions will guide you, but usually, after a certain point in payment, the owner will have to forclose to get possession of the property back. That varies according to state law and/or land contract provisions.

ARKANSAS2006
04-06-2006, 07:01 AM
i did speak to an attorney(he didn't see contract,this was by phone) after i posted this question. he said basically,now since she had defaulted( on her obligation of paying taxes and insurance,breech of contract) that we are a landlord/tenant situation. and after reading the contract again, which isn't but 2 pages and reasonably simple, it did indicated "in the event of the failure to make payments as herein provided, waive all right and claim to the said real estate, and to the money theretofore paid on account thereof".the paragraph above this was about insurance obligation and on a separte page the obligation to provide insurance and pay taxes. i delivered to her a written statement(actually, to her daughter for i found out she is in mexico until end of this week?maybe??)stating this and that she is now renting if she so desires to remain in the house.of course, there was not a mortgage, and nothing was filed.title is still in my name. i will contact her when she returns and deliver another copy,just in case.she has been aware of this for many years now, her responsibility

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