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Updated over 10 years ago on . Most recent reply
Anyone still owner financing for buyers that want to occupy?
I am just curious to see if anyone is still taking notes on properties when a tenant buyer wants to move in. Or lease option, land contract etc. If so what steps are you taking with the Dodd Frank law coming into effect.
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Jay, better check on the mortgage` servicing side, originations on your old contracts won't be a problem.
I suggest everyone stay away from contract for deeds or land contracts as they use to be used as there are issues with pre arranged deeds in lieu of foreclosure circumventing state foreclosure laws. Many may think they can or even go to foreclosure if a buyer kicks, but there is also the issue of wrongful foreclosure after the fact. You could do an installment contract with a change to the default provisions and perhaps having options with foreclosure, but doing that, you might as well do a note and deed of trust or mortgage.
Deals to the poor in C areas will probably lead to problems, there is a crack down on predatory lending regardless of what the deal is with small borrowers.
Most any installment deal that was done 3 years ago is most likely illegal now if the laws apply to that borrower or property, much less the deals done by old timers that have been done for decades, those are pretty much out the window. So, getting into a deal now, the new restrictions need to be addressed.
Big penalties too. Tenants can get the past three years rents back, lenders can lose the note entirely. It can be bad.
I'd do a seller financed deal in a heart beat with a qualified buyer on a nicer home and doing so in compliance. At 65/70/80K a buyer should be able to pay the costs of compliance with a mortgage originator. If you can carry it, no problem, just get servicing.
These` are different remarks, somewhat, in saying yes you can, doesn't mean not to consider my hammering away on this stuff in other posts. L/O can be an issue. Many of the L/O deals done aren't even the real option, they have morphed into installment contracts. :)