Notice of Default for Past Due Payments in connection with Contract for Deed - West Virginia 2025

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This file serves as a notice to inform you of a default in a contract for deed. It outlines the necessary steps required to remedy the default. Use this form to understand your rights and obligations regarding your property.
If the buyer defaults or fails to make the monthly payments to the seller as required, the seller will need to file a court action called land contract forfeiture. Success in court will result in the buyer forfeiting, or giving up, all money paid to the seller for the property pursuant to the land contract.
Seller Remains on The Hook During the contract term, the seller must still pay insurance premiums and property taxes while gaining no benefits from property ownership. Also, if the property value drops before the contract concludes, the seller incurs devaluation costs.
In West Virginia, a land contract document, often called a contract for deed or installment land contract, is an agreement where a buyer (vendee) purchases real property from a seller (vendor) through installment payments over time, with the seller retaining legal title until the buyer completes payment.
Forfeiture of down payment and home equity: Land contract homebuyers often lose their entire financial investment if they fall behind on their monthly payments because, unlike mortgage holders, land contract homebuyers often go through eviction proceedings rather than more buyer-friendly foreclosure processes.
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Ask for a later balloon payment or longer terms Many will require that you pay off the balance of the propertys sale price within three, five or 10 years. By the time you docHub the end of that period, you will need to have outside financing or enough resources to pay off the balance of the contract yourself.
If a buyer defaults on a land contract, the seller can take legal action through a process called land contract forfeiture. This may result in the buyer not only losing the home, but also all the payments theyve made so far.
A land contract is legally binding so its a good idea to work with an experienced real estate attorney whether youre the buyer or the seller. In simple terms, the seller becomes the lender. The buyer makes a down payment and promises to make payments for an agreed upon period.

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