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.
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.
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?
You should purchase Wendy Pattons courses on how to do Lease Options. It is worth the money.
Edited: 06/26/2010 at 09:10AM
Curt 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
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!
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.
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.
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.
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.