Contract for Deed - A Popular Purchasing Option
If you're not familiar with the contract for deed house sale, it's also known as a land contract or land installment sale. You'll find minor variations to the contract for deed but generally it's an installment payment process where the seller holds the contract. With today's tough mortgage standards, the contract for deed is a good option for both the seller and the buyer.
A contract for deed enables the seller to obtain a better sales price and the buyer to become a homeowner when they can't qualify for a traditional mortgage. A draw back for the seller can be that it takes years to receive all of their money from the sale when they offer a contract for deed.
Contract for Deed - Structuring the Sale
Variations to contract for deed sales commonly occur in the terms and conditions of the contract. Rather than the boilerplate contract used by traditional lenders, almost anything can go into a contract for deed.
The area of most interest to both seller and buyer is usually if and when a balloon payment becomes due. If the property is an investment property, the seller may offer to carry the contract for deed until the full purchase price is paid in 20 or 30 years. However, most sellers want their money sooner than that. A contract for deed may require the buyer to find alternative financing in as little as 2 years or it may be 10 years. Most contract for deed arrangements fall somewhere in between.
Circumstances of the buyer often have to be taken into account when determining the balloon payment of the contract for deed. If the buyer has a bankruptcy, the soonest they are likely to qualify for a traditional loan is not for at least seven years. Same thing for a foreclosure. However, a short sale might qualify in as little as two years.
Another issue of high interest to both the seller and buyer in a contract for deed is the interest rate. The seller is entitled to a higher interest rate than a traditional lender offers. With risk, comes reward. Buyers should expect to pay 8% and up as interest, although traditional rates are hovering at historical lows around 4%. This relatively high interest rate is something that can entice sellers to set the balloon payment farther in the future, so they collect the high interest rate for more time.
Contract for Deed - It's All in How the Contract is Written
Contract for deed arrangements favor the seller more than the buyer. As holder of the first mortgage, the seller retains the right to foreclose on the property if the buyer defaults. Unless the buyer completes the full terms of the contract they risk losing the property.
One thing the buyer is smart to insist be included in the contract is the requirement that the seller signed deed be held in escrow by a third party. This allows the deed to be recorded with the county in the event the seller cannot be found when the buyer completes their contract obligations. Also, the original deed for contract should be recorded with the county to put the world on notice that the buyer has an equity interest in the property.
An important clause for the seller to have included in the contract for deed is what happens if the buyer cannot obtain traditional financing when the balloon payment comes due. Laws vary from state to state but it can be difficult or impossible to foreclose on a buyer that is current with their payments but can't obtain a new loan required by the contract for deed. Besides, for most ethical investors, doing so would be morally wrong. The way most contract for deeds handle this is with a payment escalation clause. The interest rate can go up. Or the length on the mortgage can be shortened from 20 years to 15. Something changes when the balloon payment is missed to cause the buyer to pay more and motivate them to find traditional financing.
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