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David de Luna
  • Rental Property Investor
  • NorCal
222
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399
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Seller Financing and Holding Recording Deed for the Duration

David de Luna
  • Rental Property Investor
  • NorCal
Posted

My broker tells me if two parties agree contractually that the seller will hold onto and not record the deed on a seller-financed deal that, no, the buyer cannot later compel me to record the deed. My deal is to offer a house seller-financed until the balloon is due in 5 years at which point, I either give the deed to title to record upon final payment or we're all done and they move on or renew - push the balloon out further - for a fee (non-applicable to the principal), on a 30 year fully amortized loan. 

Another question is what if anything, do I have to do if and when they wish to cancel the contract and move out (and stop paying). I never recorded the deed so it's not a foreclosure, so I'm guessing we each pick up our own respective marbles and go our own way? 

And what if he simply stops paying? I don't have a lease to show to begin eviction. So I can only go through foreclosure - when he's not on the deed to begin with?