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

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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.
Notice of default: When a buyer defaults on their payments, the seller must first provide them with a notice of default. This notice typically gives the buyer a certain amount of time to cure the default or risk foreclosure. The notice must be sent in ance with the terms of the land contract and state law.
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 on the land contract, or fails to make the monthly payments to the seller as required, the seller can 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
MCL 600.5726. If there is a default (buyer fails to pay the installments due under the contact or breaches the contract), seller may seek to retake the possession of the property through the forfeiture process.
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A typical purchase default clause may indicate that: If the purchaser fails to remedy a purchase default (such as a late payment) then they only have a certain period of time to pay off the remaining balance of the purchase price or they will be required to vacate the property.
A Default Clause, also known as a Breach of Contract Clause, is a contractual provision that addresses the consequences when one party fails to perform its obligations under the contract.

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