| Grounds for Real Estate Forfeiture | ||
|
----- Message from "Jan Woolley" <JWoolley@mcrlawyers.com> on Thu, 29 Jun 2006 13:49:34 -0600 -----
|
To:
| <realestate@iabar.org> |
|
Subject:
| RE: Grounds for Real Estate Forfeiture |
You may be dealing with a quirk of Des Moines ordinances.
I seem to
recall a situation a few years ago where a Des Moines lawyer was
required to evict her daughter from a residence owned by the lawyer for
the daughter's criminal activity. Good luck.
--------------
Janice M. Woolley, P.C.,L.L.O.
Marks Clare & Richards, L.L.C.
11605 Miracle Hills Drive, Suite 300
Omaha, NE 68154-8005
(402) 492-9800
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>>> kcollins@dybb.com 06/29/06 11:50AM >>>
We haven't had much call for having property declared a specified
crime
property in Waverly lately, so no actual experience with such a ground
for forfeiture of a land contract. I seem to recall a standard
principle in such cases that "the law abhors a forfeiture." Courts
look
for reasons not to forfeit. My own rule of thumb is that if the
contract is silent (which it is in this case), there is still an
unwritten obligation that the buyer will not permit any condition to
occur or exist that will bring the property's value down below the
contract balance. As long as the value of the property remains higher
than the contract balance, which, of course, could be at issue, and
the
condition or use is not prohibited by the contract, I'd hope that
the
Court would not forfeit.
__________________________
KEITH D. COLLINS
Leslie, Collins & Foy
303 First Ave. N.E., Waverly, IA 50677
Phone: 319-352-1637
Fax: 319-352-0633
Email: <mailto:kcollins@dybb.com> kcollins@dybb.com
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-----Original Message-----
From: realestate-owner@iabar.org mailto:realestate-owner@iabar.org
On
Behalf Of August Luthens
Sent: 06/29/2006 11:23 AM
To: realestate@iabar.org
Subject: Re: Grounds for Real Estate Forfeiture
One of the wonderful things about practicing law... something
new
always
pops up. I represent a contract buyer subject to a installment real
estate contract forfeiture and the only grounds is the allegation
"allowing property to be declared a specified crime property"
under
the
Des Moines City Codes. The real estate contract is silent on the
subject other than "care of property."
Any of you had this challenge? Any words of wisdom?
Augie
August H. Luthens
________________________
Luthens Law Offices, P.C.
8 West Howard Street
Colfax, IA 50054
Tel: (515) 674-4322 Toll Free: (800) 685-7948 Fax: (515) 674-4442
Email: <mailto:SAHLuthens@LuthensLaw.com>
AHLuthens@LuthensLaw.com
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