Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Innovative Strategies
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 8 years ago, 11/27/2016

User Stats

452
Posts
10
Votes
Michael Dunn
  • Olive Branch, MS
10
Votes |
452
Posts

a Lease-to-Buy/Own Questions .... Need Advice Please

Michael Dunn
  • Olive Branch, MS
Posted

So I'm currently in a situation with a Property that I've never been in before, and need some help please, in how I should go about it . proceed , as well as a Refinance Question 

The Scenario:

So i talked to a Title Company (a Lawyer ) , and he said that I could do a Lease-to Buy/Own 

It would take 1 and a half years  ( TN/MS State Probate Law ) , before I could " Officialy " Pay for the Property and thus own it 

My Lawyer said that we could Set it up this way ( as Long as the Heir of the Property agrees to it ) ......... I could go ahead and Start fixing the place up ( Renovating it ) ...... It needs a lot done to it. 

Once I have it rent Ready , I could go ahead and start renting it out to someone 

Then come the Year and a Half mark , I would pay her the Amount that is agreed upon in the Contract we both sign 

My Questions are :

1. If I use my Own Cash to repair and fix the Place up ...... during the 1 and a half year Probate period ,....... Will I be able to Refinance the Property based on it's ARV , so that I can get my Cash " Back " ?

2. What ( if anything ) to I need to make sure is written in the Contract, for when she ( the Heir ) and I sign the Lease-to-Buy Contract ?

3. Once the Contract is signed / dated and Notarized ....... No one can Back out on the Contract correct ?

4. Even though the States Law says that 1 and a half years is the Probate time period ....... Can I purchase the house from her BEFORE the 1 and a half years is up ?

Thank you for any and all help ..... Title Searches, using a Lawyer to draw up a contract and Probate is all new to me . Just want to make sure I know all of my Facts before I have the Lawyer draw up the Contract next week 

Thanks so much 

Loading replies...