This Notice of Default Past Due Payments for Contract for Deed form acts as the Seller's initial notice to Purchaser of late payment toward the purchase price of the contract for deed property. Seller will use this document to provide the necessary notice to Purchaser that payment terms have not been met in accordance with the contract for deed, and failure to timely comply with demands of notice will result in default of the contract for deed.
South Carolina Notice of Default for Past Due Payments in connection with Contract for Deed
State:
South Carolina
Control #:
SC-00470-8
Format:
Word;
Rich Text
Instant download
Description
How to fill out South Carolina Notice Of Default For Past Due Payments In Connection With Contract For Deed?
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FAQ
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.
Should I record the contract? The seller must record the contract or a memorandum of the contract within 10 days of the date of sale. They must do this at the county recorder of deeds where the property is located.
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.
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.
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.
South Carolina is a race-notice jurisdiction. In 1958 the recording statute was amended to require a subsequent lien creditor without notice to file the instrument evidencing his lien in order to claim under the statute.
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.
