This Notice of Intent to Enforce Forfeiture Provisions of Contract for Deed is an initial notice of Seller's intent to enforce the forfeiture remedy of contract for deed if nonpayment or other breach is not cured. It is used specifically to inform the buyer that he/she has failed to meet the terms and conditions of the Contract for Deed and as a result, are in default based upon the reasons specified.
Montana Notice of Intent to Enforce Forfeiture Provisions of Contact for Deed
State:
Montana
Control #:
MT-00470-11
Format:
Word;
Rich Text
Instant download
Description
How to fill out Montana Notice Of Intent To Enforce Forfeiture Provisions Of Contact For Deed?
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FAQ
A disadvantage to the seller is that a contract for deed is frequently characterized by a low down payment and the purchase price is paid in installments instead of one lump sum. If a seller needs funds from the sale to buy another property, this would not be a beneficial method of selling real estate.
Failure to record a deed effectively makes it impossible for the public to know about the transfer of a property. That means the legal owner of the property appears to be someone other than the buyer, a situation that can generate serious ramifications.
If a seller defaults, he must return all deposits, plus added reasonable expenses, to the buyer. The other party may also seek to compel the erring party to complete the deal under specific performance. From a buyer's point of view, it is advisable to get the sale agreement registered.
If a buyer backs out of a transaction without invoking her rights under a contingency, the seller could sue her to force the sale to move forward or for damages. To avoid this risk, most contracts contain a clause that allows the seller to keep the buyer's deposit if the buyer backs out.
This means that if you default and can?t make your payments, you lose the property and all of the money you have already paid into it (often including repairs and improvements). Unlike a traditional mortgage, a defaulting buyer in a contact for deed may only have 30-60 days to cure the default or move out.
Contact the other party and ask whether they are willing to negotiate the cancellation of the contract. Offer the other party an incentive to cancel the contract for deed.
In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.The second situation could happen if your seller fails to pay his or her debts and the seller's creditors file liens or judgments against your property.
