Is the eviction process for a land sales contract the same asfor a residential lease?

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Is the eviction process for a land sales contract the same asfor a residential lease?

We sold our house a few years ago. There is a Residential Purchase Agreement and a Land Sales Contract. We have given the buyer 5 years to take the loan in their name. They have stopped paying and will not leave the house. Can I evict? Is it the same process as a landlord/tenant situation?

Asked on July 15, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In whose name is legal title to the home presently in? Your name or the other person's. If title to the home is in the name of the buyer, you are not the landlord and cannot evict the buyer .

Your question suggests that the loan is not being paid by the new buyers and this was the loan that you obtained. 

You need to read the purchase contract for the sale of the home to the new buyer if its loan (mortgage that you let the new buyer pay on) is not being paid. Hopefully the agreement sets forth how you as the former owner is to proceed in this situation.

To protect your credit since you are on the loan that you took out but is not being paid, you might consider paying the loan to keep the mortgage current so the home is not lost in foreclosure and sue the buyer for the money expended. Before doing this, it sounds that you need to consult with a competent attorney in the real estate area. 


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