If I sold a house and property under “Bond for Title” but the people are not making any payments yet are living in the house, do I have to evict them?

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If I sold a house and property under “Bond for Title” but the people are not making any payments yet are living in the house, do I have to evict them?

Asked on January 15, 2013 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have not been paid in full with respect to the transaction that you have written about which seems to be a seller carry back where you are not on title but are a secured party for money owed, you cannot legally evict the property owners because they are not tenants of yours.

Rather your legal recourse would be to foreclose upon the security for the presumed carryback which presumably would be your former home. As such, you should consult with a real estate attorney for guidance as to how you should proceed with respect to your situation.


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