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PostPosted: 2008-02-03 06:21:49
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Joined: 2008-02-03 06:21:49
Hello,

I have an interesting question. Ive been searching on the internet
for similar instances, but Im yet to find what Im looking for.

We have a sales agreement on our home now. The young couple that is
buying our home doesnt have much cash on hand. The sales price of
our home has included closing costs for this buyer. Most likely
making the sales price higher than the homes appraised value. The
appraiser is coming next week to stick a value on the home.

So I have a few suggestions tossed my way as to how we can make this a
win, win for both us as the sellers and the young couple as the
buyers. And that is to loan them some money to purchase the home
(about $5000) and we will retain the title to the home. You know
what? Just as I wrote that I realized this doesnt make much sense.
I mean their bank will lend them, lets say $140,000 for this home and
they will want the title. Ill loan them $5000, but I wont get
anything will I?

So anyway, what are the options of us to make this deal happen? Looks
like the best we could do for the buyer is offer them a $5000 personal
loan? But that leaves us pretty unprotected if they decide not to
pay.

Perhaps personal lending sites such as prosper.com or lendingclub.com
might be the answer for our buyers to come up with a little more cash.

Thank you all for your input.

Ward


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PostPosted: 2008-02-03 07:43:55
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Joined: 2008-02-03 07:43:55
Real Estate law varies by state, so you are only going to get general
advice without naming your state. Even the county and city can be
important in some circumstances. What you are proposing is owner
financing. You can lend money on your property and have a lien on
the title, without keeping the title. This means someone has to pay
off your loan to get clear title. This is usually done when the house
is sold. You are probably proposing a second mortgage. Real estate
is somewhat unique in that transactions must be in writing. Even
better they should be recorded at the county Assessor/Recorders
office. Often, the order of recording is the order of payout.
Position of IRS, State or Utility liens is a whole another subject.
Verbal agreements, even in front of 9 Supreme court justices can/will
be thrown out. An unrecorded deed that shows up 9 years after the
sale may be laughed at. A mortgage is two separate documents. You
want a legal loan agreement (promisorry note) and legally recorded
title (deed). A lawyer, mortgage broker or title company should be
able to tell you what you need. I wouldnt write something down on
the back of an envelope. It may be worth $5,000 even if you lose the
money, considering falling prices. If prices rise, your second lien
could actually be worth full face value.

A long winded answer, owner 2nds happen all the time.


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PostPosted: 2008-02-03 10:51:58
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Joined: 2008-02-03 10:51:58
In article
,
Ward wrote:

> We have a sales agreement on our home now. The young couple that is
> buying our home doesnt have much cash on hand. The sales price of
> our home has included closing costs for this buyer. Most likely
> making the sales price higher than the homes appraised value. The
> appraiser is coming next week to stick a value on the home.
>
> So I have a few suggestions tossed my way as to how we can make this a
> win, win for both us as the sellers and the young couple as the
> buyers. And that is to loan them some money to purchase the home
> (about $5000) and we will retain the title to the home. You know
> what? Just as I wrote that I realized this doesnt make much sense.
> I mean their bank will lend them, lets say $140,000 for this home and
> they will want the title. Ill loan them $5000, but I wont get
> anything will I?
>
> So anyway, what are the options of us to make this deal happen? Looks
> like the best we could do for the buyer is offer them a $5000 personal
> loan? But that leaves us pretty unprotected if they decide not to
> pay.

This is not unusual at all. It is called a seller carryback,
and that is where the seller becomes the banker on the deal.
In your case, you would issue a $5000 2nd mortgage. You would
be recorded as a lien holder. As a result, if the property is
sold, you get paid. And if the buyers do not pay, you can
foreclose.

A big issue is if the buyer has very little equity in the deal.
In that case, if they get in trouble, they can walk, the bank
forecloses, and there isnt any money in the deal to cover the
2nd mortgage. In that case, you are pretty much out of luck.

What concerns me more is that $5000 seems to be a make or break
on this deal. That tells me that the sellers are tapped out.
They have no ability to survive an emergency. It looks to me
like they would be in way over their head, and your $5000 is
just an enabler. I cannot help but think that this one will
turn out badly.

-john-

--
======================================================================
John A. Weeks III


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PostPosted: 2008-02-04 10:07:50
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Joined: 2008-02-04 10:07:50
Hi, Im a lender on LendingClub.com and Prosper.com and if these
people have a good credit rating they should be able to borrow $5000
with little trouble as long as their Debt to Income ratio is somewhere
around 20% or less and they dont have any current delinquencies.


On Feb 3, 9:21 am, Ward wrote:
> Hello,
>
> I have an interesting question. Ive been searching on the internet
> for similar instances, but Im yet to find what Im looking for.
>
> We have a sales agreement on our home now. The young couple that is
> buying our home doesnt have much cash on hand. The sales price of
> our home has included closing costs for this buyer. Most likely
> making the sales price higher than the homes appraised value. The
> appraiser is coming next week to stick a value on the home.
>
> So I have a few suggestions tossed my way as to how we can make this a
> win, win for both us as the sellers and the young couple as the
> buyers. And that is to loan them some money to purchase the home
> (about $5000) and we will retain the title to the home. You know
> what? Just as I wrote that I realized this doesnt make much sense.
> I mean their bank will lend them, lets say $140,000 for this home and
> they will want the title. Ill loan them $5000, but I wont get
> anything will I?
>
> So anyway, what are the options of us to make this deal happen? Looks
> like the best we could do for the buyer is offer them a $5000 personal
> loan? But that leaves us pretty unprotected if they decide not to
> pay.
>
> Perhaps personal lending sites such as prosper.com orlendingclub.com
> might be the answer for our buyers to come up with a little more cash.
>
> Thank you all for your input.
>
> Ward


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PostPosted: 2008-02-04 15:35:10
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Joined: 2008-02-04 15:35:10
In article
,
msean wrote:

> Hi, Im a lender on LendingClub.com and Prosper.com and if these
> people have a good credit rating they should be able to borrow $5000
> with little trouble as long as their Debt to Income ratio is somewhere
> around 20% or less and they dont have any current delinquencies.

But that is probably the problem...they are likely tapped out
and trying to buy over their head. Their last hope to close
this deal is to get the seller to carry back the $5k. Just
my gut feel, but why else would they even ask if they had
easy access to the cash?

-john-

--
======================================================================
John A. Weeks III


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PostPosted: 2008-02-05 16:02:52
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Joined: 2008-02-05 16:02:52
Great call John.
Thank you for posting these answers, because
they have helped me on numerous occasions to interpolate
similar situations.
I am not being sarcastic, the original poster should take heed,
and think this one out.

> But that is probably the problem...they are likely tapped out
> and trying to buy over their head. Their last hope to close
> this deal is to get the seller to carry back the $5k. Just
> my gut feel, but why else would they even ask if they had
> easy access to the cash?


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