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Updated over 7 years ago on . Most recent reply

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Judy W.
  • Sarasota, FL
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Selling a house with owner financing

Judy W.
  • Sarasota, FL
Posted

 I own a house free & clear in Alabama and I'm selling it with owner financing. I contacted an attorney and he advised me that I would need to give the deed to the buyer after the contract is executed. If things go south, foreclosing would be relatively simple. This is a new concept for me.   I am very uncomfortable giving the buyer the deed before all payments are made. Looking for advice from those investors in Alabama who have provided owner financing. Thanks. 

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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
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Jeff Copeland
  • Real Estate Agent
  • Tampa Bay/St Petersburg, FL
Replied

I noticed you are in Florida. Are you perhaps talking to a Florida attorney about the sale of an Alabama property? If so, that would explain it.

The scenario you describe is commonplace in a lien-theory state such as Florida. The buyer/borrower gets the deed, and the seller/lender gets a mortgage lien and a promissory note. 

However, it's my understanding that Alabama is a title theory state. Which essentially means the seller/lender would hold title until the loan is paid off. 

See https://study.com/academy/lesson/lien-theory-state-vs-title-theory-state.html for a good explanation.

  • Jeff Copeland

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