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Updated about 10 years ago on . Most recent reply

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1,267
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349
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Rich Hupper
  • Broker / Investor
  • Tewksbury, MA
349
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1,267
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Fee simple determinable deed restriction

Rich Hupper
  • Broker / Investor
  • Tewksbury, MA
Posted

I know a lot of investors lien towards leases with the option to buy agreements because you dont have to foreclose Versus a purchase money mortgage where the buyer acquires title. 

With that being said if the seller wanted to sell and offered a buyer owner financing. Would it be possible to add a deed restriction that says "buyer to own property as fee simple so long as buyer does not breach the terms of purchase money mortgaged dated april 9th 2016 and recorded in book 39392 page 142 in the norfolk county registry of deeds"

Would a deed be valid with this language and would it be possible to avoid the foreclosure process?

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