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Updated about 5 years ago,
Owner-Financing option without the risk of foreclosure
Hi there,
I am currently investing in single-family properties in Florida and Indiana. I buy, rehab, refi and then I offer these homes under owner-financing terms (i.e. agreement for deed) with a 30 year payoff agreement....
The agreement includes a purchase-price schedule where it specifies to the tenant/buyer each month what the purchase price will be which takes in consideration the amount they already paid via the monthly payments. I do this, to give the tenant/buyer the security that they are not stuck for 30 years and if they happen to get a bank-mortgage they can buy-it off at the specified price.
According to my lawyer in Florida, if the tenant/buyer defaults on payment there is no way out of foreclosure (I cannot just do an eviction). Because I am conveying an equitable interest in the property to the Buyer/Tenant. And according to this the same goes if I were to do a rent-to-own agreement.
I would like to ask you, what are my options to create an agreement that satisfies both parties:
Tenant/Buyer: Would like to sign an agreement where they feel safe and see clearly that their monthly payments goes towards owning this property in the future.
Me: I would like to ensure that in case a tenant/buyer stops paying, I won't have to go through the lengthy and costly process of foreclosure.
What are you thoughts?
Thank you for your help!
Joel