How do I get a people out of my house if they stopped paying for it?

UPDATED: Oct 1, 2022

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How do I get a people out of my house if they stopped paying for it?

They bought this house on a rent-to-own and they stopped paying for it. I hold the mortgage.

Asked on May 24, 2018 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you transferred title to them but you have a mortgage which gives you the right to foreclose, which is what you seem to indicate, you need to foreclose on the property first; then whomever acquires the property after the foreclosure sale or auction (e.g. you) can remove the occupants by an action (lawsuit) for "ejectment." So first you must foreclose and get the property back; then you can remove them. Foreclosure is very technical: the occupants must be given the proper notice and an opportunity to "cure," or catch up on payments. Ejectment is also very technical in terms of providing notice and how to file the action. You are strongly advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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