Registration is now open for our Wholesaling and Fix & Flip Bootcamps. Register Now!

Hide this

Jump to Category View All

Click a category below to view different forum categories.

BiggerPockets

General Info

Rss10 BiggerPockets Q&A, Site Questions, & Announcements

964 topics, 7692 posts — Last Post 02/09/12, 05:05AM

Rss10 BiggerPockets Exclusive PRO Area

10 topics, 73 posts — Last Post 02/06/12, 09:15PM

Rss10 New Member Introductions

4490 topics, 25666 posts — Last Post 02/11/12, 10:08AM

Rss10 BiggerPockets Success Stories

142 topics, 1632 posts — Last Post 01/28/12, 09:34AM

Rss10 BiggerPockets Real Estate Investing Summit

16 topics, 560 posts — Last Post 02/10/12, 04:23PM

General Real Estate

General Real Estate

Rss10 Buying Real Estate

1196 topics, 9035 posts — Last Post 02/11/12, 02:44PM

Rss10 Selling Real Estate

303 topics, 2364 posts — Last Post 02/10/12, 10:05AM

Rss10 Renters

189 topics, 1529 posts — Last Post 12/28/11, 05:55AM

Rss10 Get Foreclosure Help - Help Stop Foreclosure Forum

218 topics, 1728 posts — Last Post 02/02/12, 10:07PM

Rss10 Home Owner Association (HOA) Issues & Problems Forum

105 topics, 662 posts — Last Post 02/09/12, 09:42AM

Rss10 Do it Yourself

312 topics, 2699 posts — Last Post 02/09/12, 07:25PM

Reviews & Feedback

Rss10 Real Estate Deal Analysis and Advice

1555 topics, 12282 posts — Last Post 02/11/12, 11:31AM

Rss10 Real Estate Guru, Book & Course Reviews and Discussions

678 topics, 6770 posts — Last Post 02/11/12, 09:59AM

Rss10 Ask About A Real Estate Company

309 topics, 4634 posts — Last Post 02/10/12, 03:12PM

Real Estate Investing

Real Estate Strategies

Rss10 Wholesaling

2407 topics, 18099 posts — Last Post 02/11/12, 02:55PM

Rss10 Rehabbing and House Flipping

1478 topics, 12679 posts — Last Post 02/09/12, 11:27AM

Rss10 Real Estate Development

190 topics, 1025 posts — Last Post 02/10/12, 10:14AM

Rss10 Pre-Construction & New Home Construction

85 topics, 530 posts — Last Post 01/10/12, 07:04PM

Rss10 Innovative Strategies

328 topics, 2306 posts — Last Post 02/11/12, 09:59AM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Discussion

435 topics, 2411 posts — Last Post 02/10/12, 02:29AM

Rss10 Rent to Own a.k.a. Lease Purchase, Lease Options

341 topics, 2086 posts — Last Post 02/07/12, 07:38PM

Rss10 1031 Exchanges

58 topics, 316 posts — Last Post 12/17/11, 05:10PM

Foreclosure Investing

Rss10 General Foreclosure & Pre-Foreclosure Forums

1096 topics, 6537 posts — Last Post 02/10/12, 11:07AM

Rss10 HUD, VA, and Tax Sales

197 topics, 1221 posts — Last Post 02/10/12, 12:34PM

Rss10 REOs

923 topics, 7650 posts — Last Post 02/11/12, 12:52PM

Rss10 Short Sales

1221 topics, 10051 posts — Last Post 02/11/12, 02:40PM

Landlord & Tenant Forums

Rss10 Rental Property Questions & Landlording Issues

2940 topics, 26277 posts — Last Post 02/11/12, 12:45PM

Rss10 Land & Farm Investing

116 topics, 728 posts — Last Post 01/29/12, 06:46PM

Rss10 Mobile Homes & Mobile Home Park Investing

392 topics, 2866 posts — Last Post 02/11/12, 03:22PM

Real Estate Dealmaking

Rss10 Make Deals, Find Partners, Mentors & BirdDogs, etc.

3648 topics, 13401 posts — Last Post 02/10/12, 09:40AM

Rss10 Promote Your Real Estate Buyer's List

152 topics, 669 posts — Last Post 01/23/12, 12:35PM

Rss10 Property Wanted

626 topics, 3019 posts — Last Post 01/19/12, 02:47PM

Rss10 Seeking Financing, Money, or Loans

1218 topics, 7344 posts — Last Post 02/03/12, 11:21PM

Rss10 Tax Liens, Notes, Paper, & Cash Flows Dealmaking

273 topics, 1990 posts — Last Post 02/10/12, 02:30AM

Rss10 Bulk REO Discussion and REO Dealmaking

845 topics, 5917 posts — Last Post 02/02/12, 04:20PM

Investor Basics

Rss10 Starting Out

4060 topics, 29633 posts — Last Post 02/11/12, 07:38AM

Rss10 Investor Psychology

289 topics, 4281 posts — Last Post 01/26/12, 07:52PM

Rss10 General Real Estate Investing

3057 topics, 20771 posts — Last Post 02/10/12, 12:54PM

Rss10 Real Estate Investor Marketing

868 topics, 7053 posts — Last Post 02/11/12, 03:11PM

Commercial Real Estate

Rss10 Commercial Real Estate Investing Forum

718 topics, 3839 posts — Last Post 02/10/12, 09:28PM

Rss10 Multi-Family and Apartment Investing

141 topics, 1347 posts — Last Post 02/07/12, 05:47AM

Rss10 Office Investing

3 topics, 36 posts — Last Post 11/15/11, 02:42PM

Rss10 Industrial Property Investing

3 topics, 12 posts — Last Post 07/05/11, 10:41AM

Rss10 Retail Property Investing

6 topics, 42 posts — Last Post 02/10/12, 10:19AM

Rss10 CRE Financing and Lending

17 topics, 188 posts — Last Post 01/26/12, 05:55PM

Rss10 CRE Syndication and Fundraising

25 topics, 208 posts — Last Post 02/10/12, 12:57PM

Rss10 CRE Property Management & Leasing

2 topics, 11 posts — Last Post 12/11/11, 05:05PM

The Business of Real Estate

Real Estate Technology and the Internet

Rss10 Technology, Social Media, Real Estate & The Web

244 topics, 2018 posts — Last Post 02/11/12, 06:20AM

Rss10 Real Estate Blogs & Blogging

23 topics, 278 posts — Last Post 02/10/12, 11:01AM

Business Basics

Rss10 Goals, Business Plans & Entities

400 topics, 3913 posts — Last Post 02/10/12, 07:12PM

Real Estate Finance & Legal

Financial, Tax, and Legal

Rss10 Tax, Legal Issues, Contracts, Self-Directed IRA

1210 topics, 8254 posts — Last Post 02/11/12, 12:47PM

Rss10 Credit & Credit Repair

177 topics, 1444 posts — Last Post 01/25/12, 06:56AM

Rss10 Property Insurance

117 topics, 753 posts — Last Post 02/10/12, 11:33PM

Rss10 Bankruptcy

21 topics, 110 posts — Last Post 12/09/11, 10:01AM

Loans, Mortgages, Credit Lines

Rss10 Private & Conventional Lending Discussion

1245 topics, 7167 posts — Last Post 02/11/12, 03:13PM

Rss10 Creative Real Estate Financing

623 topics, 3989 posts — Last Post 01/30/12, 05:35PM

Real Estate Professionals

Real Estate Professionals

Rss10 Real Estate Agents

611 topics, 3290 posts — Last Post 02/09/12, 06:32PM

Rss10 Bankers, Lenders, and Mortgage Brokers

351 topics, 1252 posts — Last Post 02/11/12, 11:50AM

Rss10 Contractors

117 topics, 626 posts — Last Post 02/08/12, 10:17AM

Local Real Estate

International Real Estate

Local Real Estate

Rss10 Local Real Estate Networking

573 topics, 3015 posts — Last Post 02/11/12, 01:59PM

Rss10 Americans & International Real Estate

138 topics, 499 posts — Last Post 12/24/11, 07:44AM

Rss10 Foreigners Buying in the USA

54 topics, 281 posts — Last Post 01/18/12, 09:33PM

Rss10 Canadian Real Estate

25 topics, 117 posts — Last Post 02/06/12, 05:17PM

Marketplace

Real Estate Marketplace

Rss10 Mortgages & Lending

388 topics, 1730 posts — Last Post 01/23/12, 02:23PM

Rss10 Residential Property, Land, & Farms For Sale

756 topics, 1414 posts — Last Post 12/26/11, 01:22PM

Rss10 Real Estate Events & Happenings

113 topics, 453 posts — Last Post 01/11/12, 05:36PM

Rss10 Commercial Properties for Sale or Lease

223 topics, 668 posts — Last Post 02/10/12, 10:59AM

Rss10 Domains & Website Reviews

44 topics, 334 posts — Last Post 11/15/11, 09:55AM

Rss10 Classifieds - Promote your Website, Newsletter, or Product

582 topics, 2646 posts — Last Post 02/10/12, 04:56PM

Off-Topic

Off Topic

Rss10 Off-Topic

1769 topics, 18866 posts — Last Post 02/11/12, 08:42AM

Rss10 Housing News & Real Estate Market

647 topics, 6308 posts — Last Post 02/09/12, 08:59AM

BiggerPockets Resources

Forums » General Real Estate Investing » Contract for Deed & Lease Option Paperwork

Contract for Deed & Lease Option Paperwork Subscribe to Contract for Deed & Lease Option Paperwork

10 posts by 3 users

Signup

Real Estate Investor · Commack, New York


I have people interested in renting to own a couple of my properties in MO. I have existing conventional mortgages on both of them. For Contract for Deeds in MO, if the buyer defaults, do you have to foreclose, or would I just be able to evict? Also, does anyone have any specific forms they use for both options? Any helpful tips related to either method?

The more details the better, as I am not very familiar with Contract for Deed, and have never done a Lease Option to sell a property.

Thanks.


Real Estate Coach · Monrovia, California


Hi Dawn:

In this uncertain lending and employment market my advice is:

Stay away from CFDs and Installment sales for a while.
Do a Lease and a Contract for Option to Purchase (not Option to Purchase)
Act as a landlord always
Charge top market rent
Offer to record the lease and CFO
Create a 3 yr agreement (lease and CFO)
The difference between the CFO and the OTP is the Option is delivered ONLY WHEN the lease is completed. This avoids Equitable Interest issues.

PM me if you have questions.

Brian Gibbons


Real Estate Investor · Commack, New York


Thanks Brian.

This one potential buyer is a church that is located right next door. I would really prefer to hold the mortgage for them instead of being their landlord, but right now I don't want to use my limited capital to pay off my current mortgage on the property, so I was thinking a CFD would work well.

Like I said I do not know a lot about CFDs. Can you be specific as to what Equitable Interest issues come up with CFDs?

Thanks.
Dawn


Wholesaler · Memphis, Tennessee


Dawn,

You should purchase Wendy Pattons courses on how to do Lease Options. It is worth the money.

Small_buymemphisnow_stacksCurt Davis, buyMemphisnow.com
E-Mail: crtdavis@gmail.com
Telephone: 901-881-0552
Website: http://www.buymemphisnow.com
Full Service Real Estate Investing in Memphis TN


Real Estate Investor · Commack, New York


Thanks Curt. I will definitely look into that. I have heard Wendy's name before.

I do need to get back to the buyer tomorrow or the next day on this, as they are looking to move in by August 8th, so if anyone has any information they could provide in the meantime that would be great as well!


Real Estate Coach · Monrovia, California


Originally posted by Dawn Vought
Thanks Brian.

This one potential buyer is a church that is located right next door. I would really prefer to hold the mortgage for them instead of being their landlord, but right now I don't want to use my limited capital to pay off my current mortgage on the property, so I was thinking a CFD would work well.

Like I said I do not know a lot about CFDs. Can you be specific as to what Equitable Interest issues come up with CFDs?

Thanks.
Dawn



------------------------
Hi Dawn:

Every state has different ramifications and legalities. CFDs in GA for instance are great, and foreclosure is comparitively easy. TX, well, CFDs are illegal, plain and simple, and lease options are difficult. TX uses wraps mostly.

If you get a recc from your REI Association locally for the most creative RE residential conveyancing attorney, and invest some time asking:

* Have you done seller financing, such as installment sales, seller carrying a second mortgage, and wraparound mortgages ("wraps")?

* Have you done Land Trusts? (If you are in NY, there is alot of debate as to Land Trusts' effectiveness)

* Have you done JV Partner Agreements?

A Church is looking for security, and will have their own attorney, if they are prudent.

If you can supply what the Church wants over the next 10 years, it would be clearer. Probably holding some paper (carryback) would be attractive.

Many Churches do not make money though, especially in a recession.

All the best,

Brian


Real Estate Investor · Commack, New York


Thanks Brian. The church would like to make the house it's computer and job training resource/meeting center for its youth and other constituents. They are looking to hold the property indefinitely, and I can see them eventually working out deals with all the property owners with adjacent properties to their current church to keep expanding.

Holding the financing for them is very attractive to them, and then eventually they would solicit funds from their congregation to pay off the mortgage down the road. We started conversations talking about doing a lease with option to purchase. I mentioned to them over the course of our conversations that when it comes time to execute the option, I would be willing to hold the mortgage for them. They then asked if we could do that now (or within the next month) and I told them I would look into it.

The property is worth $77K. They are planning on coming in with a $5K down payment, which they said they would have by Sept. 1st. Assuming they can get up $1K - $2K, I would let them move in around August 8th on a short term 2 to 3 week temporary rental basis, as they would like to start transitioning into the house while they get the full $5K up. I would get paid a rental amount pro-rated for a few weeks, and a "security deposit" to cover myself in case they very unexpectedly change their mind in the few weeks in between.


Real Estate Coach · Monrovia, California


Originally posted by Dawn Vought
Thanks Brian. The church would like to make the house it's computer and job training resource/meeting center for its youth and other constituents. They are looking to hold the property indefinitely, and I can see them eventually working out deals with all the property owners with adjacent properties to their current church to keep expanding.

Holding the financing for them is very attractive to them, and then eventually they would solicit funds from their congregation to pay off the mortgage down the road. We started conversations talking about doing a lease with option to purchase. I mentioned to them over the course of our conversations that when it comes time to execute the option, I would be willing to hold the mortgage for them. They then asked if we could do that now (or within the next month) and I told them I would look into it.

The property is worth $77K. They are planning on coming in with a $5K down payment, which they said they would have by Sept. 1st. Assuming they can get up $1K - $2K, I would let them move in around August 8th on a short term 2 to 3 week temporary rental basis, as they would like to start transitioning into the house while they get the full $5K up. I would get paid a rental amount pro-rated for a few weeks, and a "security deposit" to cover myself in case they very unexpectedly change their mind in the few weeks in between.



Well, business is business.

What is it zoned for? Is it legal to do that?

Why cant they come up w $5K or more?

Ask them if
- they could come up with $10K,
- you would give them 0% financing for 60 months,
- with the balance paid off in $1000 payments paid monthly til the balance is 0.

They will not find a deal like that ever.
$0.00 interest.
They will save over $150K in interest over a 30 yr amoritization.

And you will get top dollar with no tenant management.

Brian

PS See a good attorney to draft the contract.


Real Estate Coach · Monrovia, California


Hi Dawn:

I find these 2 articles great for REALISTIC seller financing, for both Sellers and Buyers.

http://www.forbes.com/2009/07/29/mortgages-refinancing-interest-intelligent-investing-foreclosure_print.html
Heavy hitters in mortgage industry forcasting how hard it will be over the next 12 months to get a home loan.

http://cnnmoney.printthis.clickability.com/pt/cpt?action=cpt&title=Rent-to-own+your+home%3A+Pro+and+con+-+Jun.+4%2C+2009&expire=-1&urlID=404320156&fb=Y&url=http%3A%2F%2Fmoney.cnn.com%2F2009%2F06%2F02%2Freal_estate%2Frent_to_own%2Findex.htm&partnerID=2200
Pros and Cons of a Lease Option

IMHO, after helping hundreds of LO Tenants get financing for home loans, in the present and coming 24 months:
- 10% - 20% down will be normal, maybe more
- 28% income to service mortgage will be mandatory
- Low consumer debt will be mandatory

Offering long term lease options to get out of this crap home loan financing environment and building up large 10 - 20 percent down payments for the tenant buyer is generally is generally my best exit strategy, at least for now.

Brian Gibbons


Real Estate Investor · Commack, New York


Thanks Brian. These articles gave a good picture of the situation today.


Sign up