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owner finance

1,311 Views | 10 Replies | Last: 1 yr ago by Agilaw
ought1ag
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AG
Is there anything to be weary about that? Looking at a small piece of land and it's on the table. Right now it's seems to be the better deal…..as in lower down payment and longer term.

Appreciate it
DannyDuberstein
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AG
First question is if the seller owns it free and clear. You don't want to find yourself ambushed by him defaulting on debt that is secured by the property
dallasiteinsa02
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You should be taking title to the land with a title policy with the owner having a lien against it. Most of the pitfalls are from the seller/owner side.

Separate it into two decisions. One to buy the land and one to use him for financing.
Red Pear Realty
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AG
Have an attorney review the docs, and don't do anything to get foreclosed on and you'll be golden.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
Agilaw
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AG
Owner finance can actually be a great arrangement and potentially save some you some $. Make sure to have the purchase agreement reviewed BEFORE it is signed. You should also get title insurance as any issues (tax liens, prior liens, etc.) will show up after the examination of title and can be reviewed to make sure all is in order.
HarleySpoon
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AG
Definitely get a title policy…..but also make sure you understand the schedule B exclusions in the policy. You won't be insured against those exclusions….and their can be existing liens in those exclusions. Get a real estate attorney to help you understand them if they are not completely clear to you.
Orlando Ayala Cant Read
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AG
Owner/Seller finance laws have changed significantly over the last few years. You absolutely want to do this with an attorney involved.
Gigem_94
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AG
dallasiteinsa02 said:

You should be taking title to the land with a title policy with the owner having a lien against it. Most of the pitfalls are from the seller/owner side.

Separate it into two decisions. One to buy the land and one to use him for financing.


Good advice right here. But you have to pay close attention to the exceptions listed on the title policy (get an attorney to review - title co and real estate agents are not going to help you here) and if anything is an issue get it resolved before you buy and have it removed as an exception from the policy.
Agilaw
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AG
The SAFE Act and Dodd Frank don't come into play as much as you would think since the Seller usually isn't in the business of doing multiple owner financed transactions in a year. In any event, I would always use a real estate professional when buying/selling/financing any type of real estate to get advice on how to proceed and if any of the applicable laws/regulations might come into play in a particular transaction.
Red Pear Realty
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AG
Oh no, certain aspects of those laws were designed to stop the predators from taking advantage of the lower class on a mass scale, and it was happening. I worked for a man who wears an Aggie ring when I was in college (before Dodd Frank) who made a lot of money doing owner financing, taking advantage of the poor, setting crazy high interest rates, then foreclosing and doing it all over again. He easily had over a hundred of these owner financed deals himself. The first time he sent me to deliver a foreclosure notice I had no idea what I was taking part in. By the third time, I told him I wasn't doing that anymore and he could fire me if he wanted. A few weeks later my landlord was telling me that he went to church with the guy, and I laughed out loud and said "that dude doesn't go to church." Like Jesus said: Beware of false prophets who come disguised as harmless sheep but are really vicious wolves.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
Agilaw
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AG
That's the type of individuals those laws were targeting and they have done a good job of weeding those types out of the real estate business.

As I indicated, those laws also were forward thinking in recognizing the need to have an avenue to exempt people who are really only doing minimal transactions. There are still plenty of people who are exempt from these statutes and for good reason. It's enjoyable working on those transactions and seeing both sides happy with the deal.
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