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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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