I Need Of Some Clarity
An individual has been living in a home for the past 9 years and have been making the payments on it.. A contract for deed was done but unfortunately the Deed was destroyed in a house fire(and it had not been recorded) and the person he did the Contract for Deed(CFD) with does not have their copy or they are having a time locating it.. so how can they go about showing that the person has been indeed paying and had a contract for 9 years? Can they get the CFD and since they had done one 9 yrs ago.. just redo the contract to reflect the original date because the person is wanting to do a refinance but he does not have the CFD to show the seasoning.
you must get a lawyer involved in this one--who has been paying the land taxes--what about the checks as proof of payment--is there any other proof such as letters that say what the agreement was--whatever the outcome you will still need a lawyer to sort this out
I agree with the prior post that a lawyer should be involved.
However, if there is no dispute between the contract parties as to the facts of the matter (that is, both agree what the CFD said, when it was signed, how much has been paid, etc.), then all the attorney has to do is draw up another one and state at the beginning that it is being done to replace a CFD that was lost or destroyed.
Did you get the CFD noterised? they usually keep copys wherever you notorised it.