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Updated almost 6 years ago on . Most recent reply

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Sarah Young
  • Realtor
  • Charleston, SC
88
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116
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Do lenders typically allow Contract for Deed? Or do you not tell?

Sarah Young
  • Realtor
  • Charleston, SC
Posted

I am selling a house out of state. Purchase price is $260K, loan balance is $190K. Buyer is buying as investment property, but his rate is over 5%, and making it not much of an investment. Our interest rate on the loan we have is 4.3%. We just want the $70K difference so we can invest it locally, and he has that much to give us as a down. We are wanting for him to either 1) assume our loan (which I haven't been able to reach the mortgage company yet to find out the stipulations for that), or 2) do a Contract for Deed with him. In the CFD case, do you need to tell the mortgage company that you are doing that?

Second question: at what point does the "sale" take place? We need to sell this property before August to avoid Capitol Gains tax, and I want to make sure if we do a CFD, that the sale takes place at the point which we execute the CFD, not a later date, say when he pays us off.

Thanks for your help! 

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
63,483
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied
Originally posted by @Sarah Young:

@Jay Hinrichs Thanks for the reply. I will look into the wrap. 

This house is in ND. We are selling it so we can finish the renovation on a house we have in Charleston. I’m not trying to do the wrap just because the buyer wants a lower rate, but he’s the one we bought the land from initially, and we gave him first right of refusal, he’s a friend, fair business man, and would be able to close before our August deadline to avoid the capital gains tax. That’s why we are motivated to make it work with him. He’s also willing to buy it as-is, and the tenants I evicted last week did about $7k+ In damages before they left, so that’s helpful. Otherwise I will be paying to have it repaired, then put on the market. And that will take time, which we don’t have a lot of right now. 

gothca few details missing in your first post..  I am all about the tax free that's the best play by far in the US and one many miss out on.

I think though if you turned it into a rental again you should talk to your tax man you may have lost some of your tax free gain and will need to 1031..  @Dave Foster  if we can get him on the line is an expert at this..

Also as stated watch out for your dti on the CFD .. and yes landlording can suck at times .. But Charleston is the bomb. I found it 6 years ago before it sky rocketed.. been building new construction in the inner city by the cigar factory and over in Wagner terrace and a few big multi million dollar specs south of Broad.. if I was 20 to 30 years younger I would pull up stakes and move there .. great town great business town.. at least for what I do.

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