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  1. #1
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    Apr 2014
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    Default Paid Off Land Contract But Can't Get a Deed from Seller

    My question involves real estate located in the State of: Michigan
    I paid off a land contract on a commercial building a few years ago and have been trying to get a deed from the seller. The title company that handled the case sent the paperwork to the seller but he won't send it back to them. Now I am no longer able to contact the seller because he moved and I don't have any info where he is. The title company won't do anything either. What is the procedure to get a deed now? Is it the responsibility of the title company? Thanks

  2. #2
    Join Date
    Sep 2010
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    19,000

    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    By "title company" do you mean the guys who handled the settlement or did you have owner's title insurance?
    Was the contract or memorandum recorded?

  3. #3
    Join Date
    Apr 2014
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    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    The Title company handled the closing and I do have Title insurance from the Title company. I do not know if it was recorded. Thanks for the reply.

  4. #4
    Join Date
    Jan 2006
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    38,531

    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    I'm wondering why a deed was not drafted upon closing to be held in escrow until the terms of the contract were fulfilled but apparently that didn't happen so you are where you are.


    The title company is not responsible for obtaining a deed unless your contract with them required them to obtain a deed from the seller.

    given the matter so far it sounds like you are going to have to sue the seller seeking specific performance of the contract.

    your alternate action would be to file a quiet title action.

  5. #5
    Join Date
    Oct 2006
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    15,273

    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    Get a consult with a local real estate attorney with all documentation regarding the sale, in hand. You will need someone local to review the paperwork. I suspect however that if the sale went through a title company that you may not need a deed, but rather some document that shows that you satisfied the mortgage.

  6. #6
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    Jan 2006
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    38,531

    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    Quote Quoting llworking
    View Post
    Get a consult with a local real estate attorney with all documentation regarding the sale, in hand. You will need someone local to review the paperwork. I suspect however that if the sale went through a title company that you may not need a deed, but rather some document that shows that you satisfied the mortgage.

    there is no mortgage on a land contract. That is one thing that makes it a land contract. A mortgage is a loan secured by a property. There is no security (such as there is in a mortgage) in a land contract because the title is not transferred until full performance of the contract.

    and the issue of satisfying the debt would allow for a suit to quiet title or one of specific performance as I suggested.

  7. #7
    Join Date
    Apr 2014
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    7

    Default Re: Paid Off Land Contract. Can't Get a Deed from Seller

    Thanks.

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