Tag Archives: Owner

Owner Finance Austin – Due on Sale Vs. Sue Happy Renters

Posted on by
Reply

Oh here we go again. I heard from another realtor just this week; oh my seller cant sell a property and let someone take over the payments because the bank may use the Due on Sale Clause to ask for all their money. In the same conversation the realtor outlines the sellers best plan of action is to keep dropping the price (who cares that its the sellers $10,000 to $20,000 of equity just being thrown out the window) or rent it out.

Many realtors today without hesitation will suggest to their clients, if you cant sell, just lease it out yet the realtors dont sit down and list all of the ridiculous reasons landlords have been sued and LOST millions over. Renting has been around forever and the risks of being a landlord are just an acceptable risk verses the reward of not making vacant house payments or not letting the home go to foreclosure.

Yet at the same time, those same realtors because they are unfamiliar with owner financing as a selling option will say dont do owner financing its too risky. Oh really? Can the buyer living in the owner financed home sue the seller? Nope, not if you construct the transactions the way I do it. If the buyers dog bites the neighbor kid or the UPS guy, can the injured person sue the seller who provided the owner financing? Nope. If the buyer does something stupid, can he sue the seller who owner financed him the home? Nope. Yet if you substitute tenant and landlord instead of buyer and seller in the above questions. The answer becomes yes to everyone. In every one of those scenarios the landlord can be sued, has been sued and has lost.

So I decided I wanted to issue a challenge to all those Due on Sale Clause Nay Sayers out there. Find me lawsuits pertaining to violation of the due on sale clause. Youll find lots of articles from others saying, oh my gosh dont violate the due on sale clause. But find me some that actually have. I cant find any and Im on my third day of searching.

Id bet if youre someone who says to a seller (who cant sell) rent it out, you say that because renting has been around since the dawn of time.  And the risks associated with renting are well known and people take that risk anyway.

I bet no one points out that a 10 year study finalized in 1998 showed that Landlords/Property Managers/Apartment Complexes were the MOST sued business in the United States. Granted only 50% of the landlords lost. But how much did it costs those landlords in time and legally fees to win the battle?

The Due on Sale Clause has been around since 1933. Can you please find me lawsuits where sellers have lost millions due to its enforcement. I cant find them can you???

Owner Financing Wrap Around Mortgages – Austin Owner Finance Experts

Posted on by
Reply

“A wrap-around mortgage, more-commonly known as a “wrap”, is a form of owner financing for the purchase of real property. The seller extends to the buyer a junior mortgage which wraps around and exists in addition to any superior mortgages already secured by the property. Under a wrap, a seller accepts a secured promissory note from the buyer for the amount due on the underlying mortgage plus an amount up to the remaining purchase money balance.

The new purchaser makes monthly payments to the seller, who is then responsible for making the payments to the underlying mortgagee(s). Should the new purchaser default on those payments, the seller then has the right of foreclosure to recapture the subject property.
Because wraps are a form of owner financing, they have the effect of lowering the barriers to ownership of real property; they also can expedite the process of purchasing a home. An example:

The seller, who has the original mortgage sells his home with the existing first mortgage in place and a second mortgage which he “carries back” from the buyer. The mortgage he takes from the buyer is for the amount of the first mortgage plus a negotiated amount less than or up to the sales price, minus any down payment and closing costs. The monthly payments are made by the buyer to the seller, who then continues to pay the first mortgage with the proceeds. When the buyer either sells or refinances the property, all mortgages are paid off in full, with the seller entitled to the difference in the payoff of the wrap and any underlying loan payoffs.

Typically, the seller also charges a spread. For example, a seller may have a mortgage at 6% and sell the property at a rate of 7% on a wraparound mortgage. He then would be making a 1% spread on the payments each month (roughly, anyway. The difference in principal amounts and amortization schedules will affect the actual spread made).
As title is actually transferred from seller to buyer, wraparound mortgage transactions will violate the due-on-sale clause of the underlying mortgage, if such a clause is present.”

For more great information on Owner Financing… visit Forte Properties in Austin, TX online at http://www.AustinOwnerFinancedHomes.com

Even Qualified Buyers Can’t Get a Home Loan – Owner Finance!

Posted on by
Reply

You and your spouse hold steady jobs and you have both had those jobs for over two years. You don’t have a house to sell to move into a new house, you have perfect credit and a down payment to boot! So nothing should be holding you back on buying your dream home should it? Real estate broker’s hands are tied in today’s market. They are struggling to get even the “textbook” buyer a home loan.

Today’s unique real estate market situation calls for a unique solution. A solution that protects both the buyer and the seller. The seller gets the full asking price for the property. In exchange, the seller retains the mortgage for a period of time. The buyer assumes the payments (mortgage, taxes and insurance) when moving into the property. Further, the buyer assumes maintenance of the property. Both the buyer and the seller become part of a holding company, called the trust. This becomes a business arrangement, which requires the buyer to perform fully and properly. At the conclusion of a specified time, the buyer then obtains a conventional mortgage on the property they have been living in during the specified time, at the price agreed-upon, when the trust was created.

This provides the buyer a “track record” towards qualifying for a mortgage. The seller knows they are getting their asking price, and is relieved of the burden of the expenses associated with property, now.

There are other advantages to both the buyer and the seller for utilizing this time-limited trust arrangement. The key point for the buyer and seller is they can move NOW, and each party’s interests are protected. While the trust does have finite time duration, it does provide some “breathing room” and certainty to both partners in these difficult times.

To learn more about Owner Financing and the many benefits it has to both buyers and sellers in today’s real estate market, please visit our blog at:

http://www.AustinOwnerFinancedHomes.com

http://www.GreatHomesTexas.com

Owner Financed Home Wrap-Around Mortgage. Austin Owner Financing

Posted on by
Reply

A wrap-around mortgage, more-commonly known as a “wrap”, is a form of Owner Financing for the purchase of real property. The seller extends to the buyer a junior mortgage which wraps around and exists in addition to any superior mortgages already secured by the property. Under a wrap, a seller accepts a secured promissory note from the buyer for the amount due on the underlying mortgage plus an amount up to the remaining purchase money balance.

The new purchaser makes monthly payments to the seller, who is then responsible for making the payments to the underlying mortgagee(s). Should the new purchaser default on those payments, the seller then has the right of foreclosure to recapture the subject property.

Because wraps are a form of Owner Financing, they have the effect of lowering the barriers to ownership of real property; they also can expedite the process of purchasing a home.

An example:

The seller, who has the original mortgage sells his home with the existing first mortgage in place and a second mortgage which he “carries back” from the buyer. The mortgage he takes from the buyer is for the amount of the first mortgage plus a negotiated amount less than or up to the sales price, minus any down payment and closing costs. The monthly payments are made by the buyer to the seller, who then continues to pay the first mortgage with the proceeds. When the buyer either sells or refinances the property, all mortgages are paid off in full, with the seller entitled to the difference in the payoff of the wrap and any underlying loan payoffs.

Typically, the seller also charges a spread. For example, a seller may have a mortgage at 6% and sell the property at a rate of 7% on a wraparound mortgage. He then would be making a 1% spread on the payments each month (roughly, anyway. The difference in principal amounts and amortization schedules will affect the actual spread made).

As title is actually transferred from seller to buyer, wraparound mortgage transactions will violate the due-on-sale clause of the underlying mortgage, if such a clause is present.

For more info, visit: http://www.greathomestexas.com