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Sold house in AL lease option. Purchaser not paying, must eject him. Limited funds. What can I do to start? Who can I call?

Birmingham, AL |

Purchaser made a down payment of $2000. Supposed to pay $500 a month, insurance (paid one out of five times), taxes (I paid and have not been able to collect). What issues/rights do I need to be aware of in the case of the purchaser. What can I do on my own to start the process and do this correctly, only having to pay a lawyer for actual court action. Please assist/advise.

Attorney Answers 1


Generally, when you are dealing with a purchase or a lease purchase situation, and the purchaser stops paying, you are looking at a foreclosure. Hopefully, you had the purchaser sign a solid mortgage, which gives you pretty straightfoward rights in getting the person out. I know you want to avoid paying an attorney, but I would strongly recommend NOT foreclosing without an attorney's help. New legislation in Alabama allows an attorney to perform in a limited role, without obligating the parties to the full representation. I would suggest that you at least pay an attorney to sit with you for 30 minutes and look at your papers. Perhaps you can hire an attorney to prepare foreclosure papers for you and do the actual sale and let you handle some of the work yourself in order to save on some of the attorney fee.

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