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View Full Version : House sold on contract torn down


kimjg
05-11-2006, 12:23 PM
We sold my deceased inlaws house on a contract in Idaho, over 5 hours away from where we live. Purchaser was to refinance in 5 years and pay us off. Never did. Stated she couldnt get a mortgage and she kept paying so we did nothing. She continued to make the payments through escrow. In the meantime we find out she had the house torn down and was going to build a new one but a contractor ran off with her money. Now she has stopped making payments to us. This is in Oldtown, Idaho. Do we start foreclosure proceedings or just try and get her to sign a quit claim deed? Only thing left is the lot and concrete basement. Supposedly she has purchased another piece of property I hope to put a lien on. If we do a quit claim does that mean we can't pursue her for what is owed from the house? I would like to have all my ducks in a row before I make the trip there.

elklaw
05-28-2006, 11:55 AM
You need to consult a real estate attorney with a copy of the payment history and the land contract that the buyer was paying on. Also, what are the terms of the land contract. Usually, there is a certain point at which the seller has to foreclose, but impossible to tell. I suggest reviewing the land contract to seek answers about: Did she have the right to tear the place down? Do you have insurance of any kind? Did she have insurance to cover the tear down and building? Did the contractor have insurance? There are too many factors here to really answer.

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