Too late to record Land Contract ? - Posted by Spencer

import · July 23, 2009, 3:08am

Posted by Ken on July 23, 2009 at 16:07:11:

I would suggest you contact the person you are paying and tell them you want a deed and mortgage,she has been a good payor all these years,this way you get the deed and the $8000 first time home buyer tax check

import · July 23, 2009, 3:08am

Posted by Spencer on July 23, 2009 at 03:08:21:

My wife of got a house on a land contract 17yrs ago.It was never recorded.I married her 12yrs ago so I was not involved.Is it too late to have it recorded to protect her interest in the deal? Is it legal for her to record it this month?

import · July 23, 2009, 11:41pm

Never too late to record - Posted by John Merchant

Posted by John Merchant on July 23, 2009 at 23:41:51:

REC for 17 years does sound like deed to her is long overdue.

I’d suggest she do 2 things immediately…go record that REC if it is recordable. Was it notarized? If not she’d probably need to record a Memorandum of REC and that could be notarized then recorded.

If it was signed and notarized and gave the property legal description then it’s still recordable as there’s no Statute of Limitaions on recordability.

And secondly you should look at that REC and see if she’s not entitled to a deed right now.

I once had an immigrant workman bring me an old REC he’d been paying on for lots of years and had never got a deed.

I got on my calculator and started looking at the am schedule and realized he’d probably overpaid by at least 5 years.

Then I sent a letter to the Seller and demanded a deed immediately and got one almost by return mail.

My guess is the seller had forgotten what his monthly check was all about and probably hadn’t even looked at his file in years. No malice there, just lazy and comfortable.