Rishma D. Eckert, Esq. is a corporate lawyer who primarily represents domestic and international companies and entrepreneurs. Originally from Belize and Guyana, she continues to serve the Caribbean community in South Florida as a board member and general counsel of the American Chamber of Commerce of Belize in Florida and as a member of the American Guiana Chamber of Commerce. She holds a Bachelor of Laws (LL.B.) from the University of Guyana in South America, a Master of International and Comparative Law (LL.M.) from Stetson University College of Law in Gulfport, Florida, and a Juris Doctor (J.D.) from St. Thomas University School of Law in Miami, Florida. The woman is licensed in the state of Florida and in federal court in the Southern District of Florida. Eckert focuses his passion and practice on structuring and forming domestic and international companies, corporate governance, contract negotiations and drafts, and trademark and copyright registrations. While most land contracts can be used for a variety of reasons, their most common use is as short-term vendor financing. Usually, but not always, the time when the full purchase price is due is years earlier than the purchase price that would have been paid in full under the repayment schedule. As a result, the final payment is a large balloon payment. Because the balance payment amount is so large, the buyer can get a traditional mortgage from a bank to make the final payment.
Property contracts are sometimes used by buyers who do not qualify for conventional mortgages offered by a traditional lender for reasons of unestablished or poor creditworthiness or insufficient down payment. [ref. needed] Land contracts are also used when the seller wants to sell and the buyer does not have enough time to arrange conventional financing. As with all things, there are pros and cons to this type of non-traditional transaction. If you`re considering signing a contract for a deed, here are some important points to keep in mind: Now that you know how land contracts work, it`s time to decide if one of them is right for you. While a land contract may have advantages for some buyers, it also has potentially significant drawbacks. It is important that all parties to a potential land contract are aware of the benefits and risks involved. While a land contract may make sense in some situations, it`s not for everyone and there may be better options.
It is important to think carefully about the advantages and disadvantages. Deed contracts have long been a financing option for real estate transactions between family members or friends. Some nonprofit housing organizations also use them to help low-income families find a way to own a home. Although the deed and lease agreement are similar to their own scenarios, they are not identical. They are both ideal for homehunters who may not have enough credit to qualify for a traditional loan, or who want to enter a new home as soon as possible. Both offer sellers and buyers more flexibility compared to traditional debt securities. If you miss only one payment or if you are unable to make the lump sum payment or if you do not comply with other provisions of the contract for the act, the seller may terminate the contract and bring an action for eviction against you within as short as 60 days. You lose the house and all the money you have already paid for possession.
There is also what is called a global land contract. Essentially, the buyer and seller agree to a seller-financed land contract, but the seller continues to pay their existing mortgage and collect the difference between their mortgage payment and what they receive paid monthly by the buyer. Unlike a direct land contract, in a global land contract, the buyer immediately receives the deed of ownership of the property. They own the house. However, the seller`s lender must accept an enveloping land contract. This is because they do not receive the full amount of the withdrawal. They also take a subordinated lien position in these agreements, which allows them to repossess the home if the seller holding the underlying mortgage stops payments. If a seller defaults on their mortgage on the property, the buyer could lose the home, even if they are up to date with their payments. However, in this scenario, the buyer would have the right to sue the seller for damages and terminate the contract. After the expiration of the redemption period after foreclosure, the buyer of the land contract can be evicted from the house. To initiate an eviction, the new owner must file a subpoena and legal action with the district court and serve copies on the buyer of the real estate contract. To learn more about the deportation process, read the articles Eviction: What is it and how does it begin? and eviction to repossess property.
There may also be other benefits to using a land contract. When a third-party lender, such as a financial institution, makes a loan, that third party has its own interests to protect itself from the other two parties involved, the seller and the buyer. It is important for the lender to determine the exact title and value of the property to be used as collateral. Therefore, the lender typically requires title services, including title search and title insurance by an independent title company, termite appraisal and inspection of the property to ensure it has sufficient value, surveying to ensure there is no encroachment, and the use of lawyers to ensure that closure is carried out properly. These requirements for third-party lenders increase the closing costs that the lender charges the seller and/or buyer. If the seller is also the lender, these costs are generally not required of the seller and can result in cost savings and fewer complications. The seller may also be of the opinion that if the buyer requires any of these services, he can pay the costs and make arrangements himself.