The Final Notice of Forfeiture and Demand Buyer Vacate Property form notifies the Purchaser, after all prior notices of breach have expired, that Seller has elected to cancel the contract for deed in accordance with its terms and all past payments made by Purchaser are now considered forfeited and any future occupancy of property will result in action by the court.
Land Contract Forfeiture Form With Bank
State:
Florida
Control #:
FL-00470-12
Format:
Word;
Rich Text
Instant download
Description
How to fill out Florida Final Notice Of Forfeiture And Request To Vacate Property Under Contract For Deed?
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FAQ
A seller needs to go through circuit court to foreclose on a home. Unlike mortgage foreclosures, a seller in a land contract cannot foreclose by advertisement. They must go through the courts. To learn more about judicial (court) foreclosures, read Foreclosure and Eviction for Homeowners.
If the buyer defaults after paying 20 percent or five years, you will have to formally foreclose on the property to get them out. If the buyer has not taken care of the property and defaults, you will get the house back but at a potentially significant loss.
Most land contracts have a forfeiture clause. A forfeiture clause usually says that if the buyer breaches the contract, the seller can keep all money paid to it. The seller can also take back possession of the home. The seller cannot forfeit the contract without a forfeiture clause.
If a judgment of possession is granted, the buyer has 90 days to redeem the property if less than 50% of the purchase price has been paid or 6 months to redeem if 50% or more of the purchase price has been paid. The redemption amount is the amount that is past due. MCL 600.5744(4).
In forfeiture, the seller cannot accelerate the debt. Therefore, the vendee can cure by paying the past-due monthly payments. If the seller wants to terminate the land contract and evict a vendee in chronic default in a foreclosure, the seller can accelerate the debt, making it harder for the tenant to cure.
