Posted by David in PA on August 21, 2003 at 12:50:59:
Two additional thoughts on Fed Ex delivery:
(1) Add a clause to your Agreement of Sale and any loan/mortgage documentation you may use expressly stating that Fed Ex (and/or UPS, for that matter) is an acceptable mode for delivery of payments and any notices that the parties give to each other. You’ll be glad that language is in there if you ever need to rely on it in court.
(2) Find out if your state court system recognizes Fed Ex as a valid method of delivery in its Rules of Civil Procedure, which govern lawsuits. (Some states have recently included Fed Ex delivery as an acceptable mode in civil litigation. You can check with a local attorney on that one.) Although your current situation is not in litigation, it would give you added assurance that your attempted delivery (and documentation of the attempts) will be viewed favorably by the court, if it ever gets to that point.
Great purchase, by the way! I hope this helps.