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Georgia Notice of Intent to Enforce Forfeiture Provisions of Contact for Deed

State:
Georgia
Control #:
GA-00470-11
Format:
Word; 
Rich Text
Instant download

Description

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.

How to fill out Georgia Notice Of Intent To Enforce Forfeiture Provisions Of Contact For Deed?

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FAQ

What Is Forfeiture? Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.When mandated by law, as a punishment for illegal activity or prohibited activities, forfeiture proceedings may be either criminal or civil.

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.

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.

Forfeiture. A foreclosure action extinguishes any claim the mortgagor may have to the real property securing a defaulted loan, whereas a forfeiture refers generally to the loss of a right to something as a result of nonperformance of an obligation or condition.

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.

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.

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.

Monetary Damages If the Seller decides to breach the contract and keep their home, they may do so, but the court may order the Buyer receive money for the resulting breach. Generally, the money owed to Buyer may include reimbursing the Buyer with: The buyer's temporary housing costs.

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Georgia Notice of Intent to Enforce Forfeiture Provisions of Contact for Deed