In Texas, what are my rights as seller when a Contract for Deed has expired and the loan balance has not been paid?

UPDATED: Oct 2, 2022

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In Texas, what are my rights as seller when a Contract for Deed has expired and the loan balance has not been paid?

I, as POA for my now 101 yr old mother, entered into a Contract for Deed Contract for her home land on April 1, 2014, with a maturity date of April 1,2015, ‘when the full amount of the Original Principal Balance plus interest will be due and payable’. This document was executed and filed of record. No extensions nor amendments to the Contract have been accepted by Buyer nor filed of record. I order for me to receive aide for my mother and also to pay for her constant care the Buyer needs to secure their own loan and pay the principal plus interest and taxes by the end of the year. What are my right as the POA/Seller? Can I call the note and/or evict them and sue for breach of contract, damages and attorney’s fees? Realizing the Contract has matured do I have any rights at all?

Asked on October 5, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they breached the contract by not paying the amount due when due, you can both remove them from the land--evict them--and also sue them for the amount(s) they owe and have not paid. 
Because you are not the seller herself, but only the attorney-in-fact or agent (those are the terms for the person given power by a POA) you MUST have a lawyer: a person can represent herself in court, but you are, as stated, not the seller and you cannot represent her (your mother) unless you happen to be a lawyer. Evicting someone in this situation is also more complex than evicting a "regular" or typical tenant, so it is fortunate that you need to hire a lawyer, since a lawyer would be very helpful in this action anyway.

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