Foreclosure Requirements for CFD

Foreclosure Requirements for CFD

Brittany P.Pro Member
Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes

Reaching out to all you note/CFD veterans again.

It's my understanding that in certain states, for delinquent/non-performing CFD's, you must go through a standard foreclosure process (once all other methods like forbearance and modification have been exhausted). In these states I assume that just like a standard foreclosure, all funds acquired during the sale that exceed the outstanding contract balance and any liens on the house go to the contract buyer (vendee?)--i.e., the person living in the property.

Let's assume I'm correct with the above (please set me straight if that's not the general case). What about for CFD's on vacant/unimproved land? There's no one (theoretically) living on the parcel--no improvements that would allow someone to make the parcel their residence. In the event of default/non-performance on a CFD for vacant land in one of the hypothetical "foreclosure" states I mention above, does the land parcel have to go to auction, with bidding starting at the unpaid principle balance of the contract (plus late fees, legal fees, etc.)? Or is it enough to give the buyer/vendee multiple notices, terminating with, "If the defect is not cured by XXXX date, the contract will be considered terminated"? If no one's living there, do you have to foreclose like in a CFD foreclosure state?

Hoping someone has some insight--thanks!

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
1y

@Brittany P.

The reason people use them is because some Facebook guru told them too, just like if the guru told them to fake a verification of funds or a guru telling people they don’t need to send a borrower a 1098

People tend to not do their own research or have an attorney review and just take some template from the guru

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y

    @Brittany P.

    Yes some states like Florida a cfd is treated like a note so if you have to foreclose it’s my understanding all proceeds above go to that borrower. So vacant land it would be the same thing - thus in many states a cfd is useless and only makes it harder to foreclose (like Florida, Georgia etc)

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  • Brittany P.Pro Member
    OP
    Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes
    1y

    Interesting. I assume that land sellers even in states like FL and GA still use CFD/land installment contracts. There must be a reason they're using CFD as opposed to DOT or mortgage and transferring deed to the buyer at closing. Maybe it's because CFD can be done without a title or escrow agent? Although if I were the buyer I'd still want a title/escrow agent if I'm investing in real estate...

    So if you're right, I'm wondering what the advantage of CFD is. Even if you don't have to fight to get the deed back, you'd still be stuck with the contract until the foreclosure process is complete. Meaning you can't just turn around and get the parcel under a new contract...

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y

    @Brittany P.

    The reason people use them is because some Facebook guru told them too, just like if the guru told them to fake a verification of funds or a guru telling people they don’t need to send a borrower a 1098

    People tend to not do their own research or have an attorney review and just take some template from the guru

    7e investments53 Reviews
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y

    @Christopher Robert Noland

    Recommend not always relying and copying and posting a ChatGPT response

    7e investments53 Reviews
  • Brittany P.Pro Member
    OP
    Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes
    1y

    Super helpful (even if it’s ChatGPT). Just wanted to make sure I’m not crazy thinking even vacant land might have to go through foreclosure auction.

  • Brittany P.Pro Member
    OP
    Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes
    1y

    @Chris Seveney

    You had me laughing. I've had a "guru" tell me there's no need to send a 1098 under a certain dollar amount for a CFD. Now I just send the 1098 when the contract is paid in full so that the buyer can claim the full interest the year they pay off. Hope that's kosher…

  • Investor · Boca Raton, FL · Member since 2012 · 1k+ posts · 1k+ votes
    1y
    Quote from @Brittany P.:

    @Chris Seveney

    You had me laughing. I've had a "guru" tell me there's no need to send a 1098 under a certain dollar amount for a CFD. Now I just send the 1098 when the contract is paid in full so that the buyer can claim the full interest the year they pay off. Hope that's kosher…

    You might also want to consider moving your notes to a servicer, thus you'll be in compliance with all applicable statutes and other crazy regulations spun up by Liz Warren.
  • Brittany P.Pro Member
    OP
    Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes
    1y

    I figured I’ll get to that point eventually, once my portfolio hopefully grows a little larger. It’s just that for performing CFDs they’re so easy to self-service, at least for now.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y
    Quote from @Chad U.:
    Quote from @Brittany P.:

    @Chris Seveney

    You had me laughing. I've had a "guru" tell me there's no need to send a 1098 under a certain dollar amount for a CFD. Now I just send the 1098 when the contract is paid in full so that the buyer can claim the full interest the year they pay off. Hope that's kosher…

    You might also want to consider moving your notes to a servicer, thus you'll be in compliance with all applicable statutes and other crazy regulations spun up by Liz Warren.

     Hey Barnie Frank also contributed to it (another ma$$-hole) along with Liz. (I can say that as someone from massachusetts)

    But people need to be careful as a CFD is consumer debt and if the borrower contests - all that interest they owe you could be wiped out as if you are not sending statements, I believe the law is then interest could be wiped out and considered invalid. Its similar to someone who has written the debt off the books.

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  • Brittany P.Pro Member
    OP
    Investor · Upper Marlboro, MD · Member since 2022 · 54 posts · 6 votes
    1y

    Are you saying the debt can be wiped out if you aren’t sending statements?

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