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Selling Your Property – Frequently Asked Questions

How does this process work?

Step 1 – Complete the Sell Your House form online or call our office at 916 905-6996 – 707 407-6996

Step 2 – We will prepare one or more offers and quickly call you back to review and/or schedule a time to meet

Step 3 – Choose the offer you like or say “No thanks!” No pressure, no obligation!

That’s it!

 

Our Guarantee

Real Estate Source Inc. is uniquely different from other real estate solutions providers. Contact us and we guarantee the following:

1. We will always make you an immediate cash offer

2. We will also make you some creative offers that may be more beneficial to your situation and timeframe

 

3. We will also offer to list your home, with one of our affiliate agents, with our purchase offer as a back-up

4. Our offers are no-pressure, no-obligation

 

Questions about Selling a Property

Question: How quickly can I sell my property?

Answer: In as little as a couple of days if necessary, but typically in 2-3 weeks

Question: I’ve talked to investors, and all they did was make me a low-ball offer. Are you any different?

Answer: YES! We are part of a huge national network of buyers and investors. We often already have someone in the network that is LOOKING FOR YOUR PROPERTY before we even talk. We also have several ways we buy properties and different members of our network have different “applications” for the properties they want to buy – ranging from homesteads to rentals to renovations. Because of all of this, we offer possibilities that nobody else has. Sometimes we can even buy properties at full value, or even above full value, in just a matter of days. Complete the Sell Your House form online or call our office at 916 905-6996 – 707 407-6996 to see what we can do for you!

Question: What if I have a unique problem to deal with?

Answer: Well, our experience is that just about everyone thinks their situation is unique, but the truth is that we, or someone in our network has probably seen just about everything. Divorce, moving, inheritance, deceased or missing owners on the deed, probate, fire damage, mold, power lines, lottery winners, illness, jail, job transfer, flooding and natural disasters, or someone that just hates their neighbors. Everyone has their own reason for wanting or needing to sell – we can help!

Question: Why should I sell to Real Estate Source Inc.?

Answer: We are professionals! We’ve had professional training in advanced real estate techniques. We can solve virtually any problem related to selling a property. We are unique. Additionally, our national network has helped over 1000 property owners sell their homes, even in difficult situations. Complete the Sell Your House form online or call our office at 916 905-6996 – 707 407-6996 to see what we can do for you!

 

http://www.need2sell.us/richard

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Lease/Option Sale

The best alternative to selling a property right away may be to lease it with an option to buy.

A Lease/Option involves leasing a property to an investor or tenant who agrees to buy the property at a future date and at a pre-determined price.

NOTE: This option may not be legal in all states. We would be glad to discuss this with you. Contact Us

Lease-Option Example

– Current Appraised Property Value: $220,000

– Existing loan(s) payoff: $205,000

– Monthly Loan Payment (PITI): $1900

– Lease Payment: $1900

– 3-Year Option Sales price: $225,000

In this example, the property is leased for the loan payment of $1900/month, to an investor, who has an option to buy the property, within 3 years, at the premium price of $225,000.

The investor will then offer the property on a rent-to-own plan to one of many pre-qualified tenants that are looking to buy a home within the next 3 years.

Real Estate Source Inc. can manage this entire process for you by contracting to lease your property from you (with an option to buy), and then reselling the property to a buyer that would like to buy a property on a rent-to-own plan.

Lease-Option Advantages and Disadvantages

The advantage to a lease-option is that the owner can quickly have someone take over the responsibility for making their mortgage payments without having to transfer title or provide financing. The property may also sell for a premium price because the seller can set the price at the home’s estimated future value and not just the present value.

The disadvantages to a lease option are that the owner is not selling, but instead they are a landlord and thus still have some maintenance responsibilities. Additionally, there is no guarantee that the buyer will ever exercise their option to buy or will be able to qualify for a loan when the time comes for them to buy. In fact there is no guarantee that the property will be worth the option price in the future and/or that a lender would provide a loan at that price to a qualified buyer. Finally, because the tenant is a renter and not an owner, they may not maintain the property as well as a buyer would, in which case maintenance expenses could be significant.

Historically, the vast majority of lease-option tenants never become buyers.

Obviously, for most people they would prefer to sell FAST and at a PREMIUM PRICE and get any or ALL OF THE MONEY up front. Unfortunately, no such options exist, so you have to choose between the tradeoffs of selling using the various options listed in on this website. If you want to SELL and not just LEASE, than the mortgage payment assignment program or wrap-around mortgage sale program may be better alternatives.

Common Questions about Lease-Options

Questions: Are Lease-Options Legal?

Answers: In some states, such as Texas and Illinois there are specific laws making lease-options functionally illegal. In other states such as California, there are various legal hazards associated with structuring lease options. Please consult with an attorney before structuring such a transaction.

We have seen many property owners offer their properties on “Rent To Own” plans, in which they are totally unaware that they are breaking laws. The penalties for structuring one of these transactions incorrectly can be quite severe – in some cases resulting in the seller having to DEED THE PROPERTY to the tenant/buyer AND reimbursing all monies collected during the lease.

Real Estate Source Inc. can manage this entire process legally for you by contracting to lease your property from you (with an option to buy), and then reselling the property to a buyer that would like to buy a property on a rent-to-own plan in states where it’s legal.

Questions: What are good alternatives?

Answers: If you do not have significant equity, than the mortgage payment assignment program or wrap-around mortgage sale program may be better alternatives. If you have significant equity, there are many options listed on this website.

Questions: What if the tenant/buyer stops making the payments?

Answers: If payments are missed, you have the right to evict and start over with a new tenant buyer.

Questions: What if the tenant/buyer trashes the property?

Answers: The disadvantage of leasing is that the tenant/buyer may not treat the property as well as an owner would treat their own homestead in which case you would have to evict them, clean and repair the property, and then find a new tenant/buyer.

Questions: What about the interest deduction and other tax ramifications?

Answers: As a landlord all rent received is treated as ordinary income, while all expenses (mortgage, taxes, interest, repairs, insurance) are deductible. If the rent is about the same as the PITI payment, then your tax ramifications should be minimal.

Questions: Can I buy or rent another property after doing a lease-option?

Answers: There is no rule that says you can’t have more than one mortgage, and, for example, most landlords have many mortgages.

You may have to explain to your new lender (when asked about the old loan still on your credit report) that you are leasing your property. Note: in some cases, although someone is effectively making the payments on the loan, and the amount of the payment covers the expense of the payment, having the loan will affect your debt to income ratios. This can push some buyers below the current lending thresholds. Each individual is treated differently and getting another loan on a new property is certainly not guaranteed. So you’ll need to check with a mortgage banker to find out how your individual situation will be treated.

Another option, if you would like to buy another property, is allowing us, Real Estate Source Inc., to find you a property that is available through the Mortgage Payment Assignment Program or one of the other forms of owner financing.

Equity Partnering

The fairest price way to sell a property FAST, where the property has 30% equity or more, even when the seller is behind on payments and facing foreclosure, is through an Equity Partnering arrangement.

Equity partnering involves selling a property that has equity (where the property is owned outright or is worth more than what is owed on it) to an “investor partner” that in turn resells the property (possibly as-is or possibly after renovating it) in exchange for agreeing to share the profits with the original owner. There are many variations to this – only limited by the creativity and experience of the investor partner.

This can be a great program for a property owner that needs to renovate their property, but does not have the cash to do so. Note: depending on the property, location, amount of renovation, etc. an investor may or may not be willing to do equity sharing on a property. Renovating properties is high risk, and there must be enough profit to justify the transaction.

This can also be a great program for people that need to sell FAST to avoid a foreclosure, but still want to receive maximum proceeds from the sale.

Other forms of equity partnering involve properties (generally not needing
renovations) in which the investor partner finds a new buyer that is willing to pay the existing mortgage payments going forward, and then refinance the property in the future, at which time the profit is shared with the original seller and the investor partner.

Equity Partnering Sale Example

– Property Value after repairs: $200,000<>

– Renovations Needed: $30,000

– Existing loan(s), taxes, etc.: $110,000

– Purchase price: $110,000

Note:The investor buys the property, completes the renovation, and resells the property on the retail market to an end buyer.

– Investor expenses (renovation): $30,000 (plus any purchase expenses, back payments, taxes, etc.)

– Sales price to end buyer: $200,000

– Costs of sale (commissions and closing costs): $15,000

– Total profit: $200,000 – $15,000 – $30,000 – $110,000 = $45,000

– Share of profit paid back to original owner: $20,000 or more (depends on agreement)

In this example the investor buys the property (generally buying it subject-to the existing financing by taking over the payments on the existing loan), completes the renovation, and resells the property on the retail market to an end buyer. Because the investor is able to purchase the property with financing and at a low price, the risks to the investor are minimized, and thus the sale can occur very quickly and with less due diligence, and the investor and seller can join into an equity partnering agreement where both parties share the common goal of quickly and cost-effectively renovating the property and then reselling it for maximum profit, which is shared. This has many advantages over the more standard process requiring the investor to do extensive calculations on resale value and repair calculations in which rough estimates have to be performed in a short time frame (if there’s a pending foreclosure), and negotiations are more complex.

Equity Partnering Sale Advantages and Disadvantages

The advantage to this strategy is that very little negotiation is needed between the investor and seller, because both share in the profits, and thus both share in the goal of ensuring that maximum profits are generated. This means that an investor can usually buy a property more quickly and with less total analysis.

The disadvantage of this program is that the seller does not receive their equity until the property is actually resold by the investor.

If you would like to explore this option further – Contact Us

Common Questions about Equity Partnering

Question: Can I do equity sharing on a property with no equity or that is behind on payments?

Answer: Equity sharing only makes sense on properties that have significant equity. Typically this only works for properties with at least 30% equity. If the amount owed PLUS the cost to sell a property (typically 10%) totals what the property is worth (or more), then the property has no equity, and there is no equity at all to share.

This strategy only works if the property has significant equity. In many cases sellers look to this strategy because while they have equity, they don’t have the money to keep up with the payments or complete the repairs that would be required to sell it. We can CATCH UP the payments, improve the credit of the seller, and equity partner on the transaction. If you would like to explore this option further – contact us!

Question: How is the profit calculated and shared?

Answer: Profit is defined as income after expenses. The expenses include everything that was spent to buy the property, pay all of the carrying costs, renovate the property, and ultimately resell the property (closing costs and commissions). The profit is the resale price minus all of the expenses. In most cases, the investor will sign a separate agreement with the seller spelling out the agreement in more detail. For properties with a lot of equity and few expenses, a 50-50% profit split is normal. For properties with less equity, the investor will generally ask for a certain amount of “preferred profit” (the first $XX to cover their time and effort) after which the remaining profit is split 50-50%.

Auction Sale

Another option for selling a property FAST, where the property has at least 30% equity or more, is through an Auction Sale.

Typically the way this works is that an investor will get the property under contract for up to 70% of the as-is fair market value, and will then auction and/or market the property aggressively to prospective buyers he may have already identified. Alternatively, a licensed auctioneer can work with the property owner to set a reserve price, typically at up to 70% of the as-is fair market value, and then auction the property, through a public auction, to the highest bidder that bids above the reserve.

The advantage of working with an investor is that the owner is not required to pay for the marketing of the property (which can cost 5-10% of the value of the property) and the owner does not have to pay sales commissions or possibly even the closing costs (which can total 6-15% of the cost of the property). The advantage of working with an auctioneer is that any proceeds after marketing, commissions, and closing costs go back to the seller.

Auction Sale Example

– Current Appraised Property Value: $500,000

– Existing loan(s) payoff: $330,000

– Sales/Reserve price: $350,000 +

In this example one of two scenarios can occur:

1) An investor gets the property under contract for $350,000 and attempts to wholesale the property quickly to a list of pre-qualified buyers within an option period (usually 60 days). If the investor can wholesale the property within the option period, the sale is completed, the investor takes care of all expenses and closing costs, and any premium above the option price of $350,000 goes to the investor. If no buyer is found, no sale occurs, and the seller is not out any costs or expenses.

2) Alternatively, a licensed auctioneer can auction the property for the seller. In this scenario, the auctioneer collect 5-10% of the property value from the seller and spends this money on marketing. After the marketing, the property will be auctioned off to buyers found by the marketing, with bids starting at the reserve price of $350,000. If a buyer is found and bids above the reserve price, the property is sold and the seller receives any proceeds remaining after closing costs and commissions (which can be 10% or more) and of course the costs of the marketing. If no buyer is found, no sale occurs, however the seller is NOT reimbursed the marketing expenses.

Real Estate Source Inc. can manage this entire process for you by contracting to buy your property from you, and marketing it to sell quickly to a list of pre-qualified buyers, within the option period (usually 60 days). Contact Us to discussion this further.

Auction Sale Advantages and Disadvantages

The advantage to this strategy is that several people may be drawn to the property due to its low reserve price, causing a competitive bidding situation when the auction day comes. If this happens, the property owner may achieve the goal of getting the property sold quickly at a price somewhere between the reserve price and the fair market value.

The disadvantage to this strategy is that in a slow market, it’s very possible that no one will bid on the property or perhaps only a few people may bid and you may only hit the minimum reserve price at best.

If you would like to explore this option further, just Contact Us

Common Questions about Auction Sales

Question: Does auctioning work?

Answer: Maybe, maybe not. Like lottery tickets, it works if you are lucky, and it may be a good option to explore, if you have tried to sell traditionally, without luck, and would like to sell quickly. It also works well for certain types of properties (like HIGHLY unique properties) in certain types of markets.

If you are interested in pursuing an auction option, we suggest you try this with us, Real Estate Source Inc., and if it is not successful, you are not out any money, and can then explore hiring a licensed auctioneer.

If you would like to discuss this further, Contact Us

Question: Do you need a license to auction a property?

Answer: Laws regulating auctioning vary from state to state. In most cases, if you hire an auctioneer to auction your property for you, they will be required to have a license. In some cases, a Realtor may be allowed to auction your property. In the scenario in which you contract to sell your property to an investor, such as Real Estate Source Inc., the investor will get the property under contract, and will then use their own methods of marketing the property to pre-qualified buyers that may or may not include the formal auctioning process.

Wrap-Around Mortgage Sale

 

The best way to sell a property FAST, where the property has some equity (usually 20% or more), is through a Wrap-Around Mortgage Sale. This is a variation of Mortgage Payment Assignment and Owner Financing in which a new loan is created for the buyer, generally with a higher balance and monthly payment than that of the existing underlying loan.

Wrap-Around Mortgage Sale Example

– Current Appraised Property Value: $220,000

– Existing loan(s) payoff: $205,000

– Sales price: $230,000

– New Loan: $15,000 down, $215,000 balance, Interest Rate: To be negotiated

In this example, the property is sold at a premium price by creating a loan that wraps around the existing underlying loan.Because the property is sold with financing, it will generally sell FASTER and at a PREMIUM PRICE. The exact terms, including the interest rate and monthly payment are negotiated with the buyer.

In general, properties sold with financing will demand premium interest rates (2-6%) above what lending institutions offer (to those that can actually get loans). Most or all of the down payment will go towards fees and closing costs.

Real Estate Source Inc. can manage this entire process for you by contracting to buy your property from you, creating the wrap-around mortgage loan and all necessary paperwork, and then resell the property to a buyer that would like to buy a property with owner financing.

Wrap-Around Mortgage Sale Advantages and Disadvantages

The advantage to selling a property through a wrap-around mortgage sale is that it will typically sell much FASTER and even at a premium sales price because it comes with financing.

The disadvantage to selling a property through a wrap-around mortgage sale is that you either don’t get any of your equity (this is the tradeoff for selling faster) or, if you do get some of the equity, it is in the form of monthly payments, and not in the form of cash at closing (because cash at closing is used to pay closing costs and fees). Additionally, the seller’s name will remain on the underlying loan that is wrapped for the buyer.

Obviously, for most people they would prefer to sell FAST and at a PREMIUM PRICE and get and or ALL OF THE MONEY up front. Unfortunately, no such options exist, so you have to choose between the tradeoffs of selling using the various options listed in on this website.

Common Questions about a Wrap-Around Mortgage Sale

Question: Should I make the payments until the property is sold?

Answer: We would prefer to wrap mortgage payments that are current. If you are behind, a wrap may still be possible, however, the more behind, the more a buyer would have to bring to closing to make the loan current – and the less likely it will be that a buyer can be found to buy the property.

Also, as the loan goes into default, a foreclosure becomes possible.

Generally if you are not able to keep the loan going, WE CAN HELP by doing a short sale on your property. Often we can start a short sale and wrap-around mortgage program together (a COMBO PLAN) and if a buyer can’t be found in time for the wrap-around mortgage program, we can fall back to the short sale to avoid a foreclosure. For more information Contact Us

Question: Are there other alternatives to doing a Wrap-Around Mortgage?

Answer: In general, if a property has little or no equity, the only way to sell the property is to do a short sale or mortgage payment assignment. If the property has more than 30% equity, you can sell for cash or pretty any of the other options listed on this website. If the property is in the middle (between 10-30% equity) then a wrap offers great benefits in terms of speed and ease.

Question: How long does my name need to remain on the underlying loan?

Answer: Until the buyer ultimately re-sells the home or refinances the loan. If you want to place a limit the time for the loan you wraping, you CAN put a balloon term on the loan, making the loan expire after 3, 4, or 5 years (or any amount of time you desire) at which point the buyer will be required to refinance.

Question: How does this program affect my credit?

Answer: It depends. If you are behind in making your payments and/or have a spotty payment history, at the time that a buyer buys the property, through a wrap-around mortgage, your payments will be brought current and this will generally improve your credit.

For many sellers, as payments continue to be made monthly, and in a timely fashion, their credit will continue to improve or remain unchanged. Obviously, if payments are late or missed, your credit will degrade.

In most cases, although the underlying loan(s) remains in your name these loans are treated by the credit bureaus as cash neutral accounts (a debt with an offsetting credit). Check with your licensed attorney, CPA, mortgage banker or trusted advisor to see how your specific situation will be handled.

The best way to monitor your credit, by the way, is to have a loan servicing company collect the payment from the buyer and make the payment to the underlying lender(s) while sending the buyer as well as you, the seller, a statement each month. We can arrange this automatically as part of the closing.

Question: Will I make any money?

Answer: In most cases, if the property has little equity, there is no money to be made by the property owner.

In cases where the property has a significant amount of equity, the property owner may receive money monthly from the loan servicing company – some or all of the difference between the payment on the underlying loan(s) and the new payment that has been created for the buyer.

Question: Will I have to pay anything?

Answer: Depending on the property, situation, and buyer’s resources, the property owner may or may not be asked to pay some closing costs.

One of the great benefits of this program is that most of the closing costs, assignment fees, and commissions (if any) are paid by the buyer.

Also, the property is generally sold as-is and repairs are generally the responsibility of the buyer.

Question: How long does this process take?

Answer: Normally 2-10 weeks, but it could be less than a week! Most of this time is used showing the property to a list of buyers that have already been found that are looking for properties, like yours, offered for sale with financing.

As with any sale, you can negotiate the closing date with the buyer.

Question: What are the odds of success?

Answer: Good! Of course many factors affect the odds of success – most notably, would anyone want this property with this payment?

It has always been true that offering a property with financing, as is done with a wrap -around mortgage sale, allows a property owner to sell a property FASTER and with a higher loan balance than any other method of selling a property.

Question: What if the buyer stops making the payments?

Answer: If payments are missed, you have the right to foreclose on the property and get it back. In most cases it would be preferable, however, to call the buyer (or let the loan serving company do this) and try to resolve the situation, by telling the buyer to deed the property back using a deed-in-lieu, so that a foreclosure on them (and the destruction of their credit) is not necessary.

In all cases if there is trouble with the buyer, call Real Estate Source Inc. and we will be happy to help resolve the problem and/or get the property back so that we can quickly sell it again.

Question: What if the buyer trashes the property?

Answer: The advantage of SELLING a property through a wrap-around mortgage is that the buyers are actually buying the property and not renting. In most cases buyers have a pride in property ownership and care more for the property than renters.

Additionally, these buyers are bringing their hard earned money to closing when they buy. So unlike renters who are just putting down a small deposit, the buyers have much more skin in the game, in the form of their down payment. They may even make substantial improvements to the property after they buy it as is the case with many homeowners.

Finally, if you threaten to foreclose on a buyer, you can often negotiate the terms under which the buyer will return the property to you, in exchange for you treating them more fairly in a foreclosure proceeding. For example, you can offer to allow them to stay in the property for an extra so many days in exchange for them cleaning and make-readying the property for a new buyer and deeding the property back to you so that you don’t have to foreclose.

Regardless of the condition of the property, it can always be offered to a new buyer as-is.

Question: What if I have multiple loans or liens against my property?

Answer: No problem. All loans/liens against a property can be consolidated and assigned to the buyer going forward. If a loan servicing company is used (Real Estate Source Inc. can arrange this), all of the underlying loans can be automatically combined into a single new loan and escrow account on behalf of the buyer.

Question: If I can’t afford this property, should I declare bankruptcy?

Answer: Some people facing payments on a mortgage they cannot afford consider bankruptcy as an alternative. The truth is that bankruptcy does not prevent a property from being foreclosed on – it just delays the process briefly.

If selling the property through a wrap-around mortgage (or a short sale) would leave you financially solvent, it is probably a far better alternative to bankruptcy.

Question: What about the interest deduction and the 1098 Interest statement I get every year?

Answer: Your lender will continue to issue a 1098 interest statement with your name on it each year.

However, because you are no longer the owner of the property, and the one paying the mortgage, you are no longer entitled to take the interest deduction.

The new buyer is entitled to take the interest deduction. Therefore, they will disregard your 1098 statement and have their CPA generate a new one for them. If a loan servicing company services the loan (we recommend this and can arrange for this), then a 1098 with the proper name on it will be generated and sent to the buyer.

Question: Can I buy or rent another property after selling using a wrap-around mortgage?

Answer: There is no rule that says you can’t have more than one mortgage, and, for example, most landlords have many mortgages.

If your goal is to rent a new home, having someone responsible for the mortgage payment on your last property will likely help your credit situation (versus the alternatives of a short sale or foreclosure) and improve your ability to rent a new property.

If your goal is to buy another property, you may have to explain to your new lender (when asked about the old loan still on your credit report) that you sold the property through a wrap-around mortgage. In some cases, the underwriter will ask the new buyer (or loan servicing company) to send a brief letter verifying that the property was sold through a wrap-around mortgage and a new party is responsible for the payments going forward. Note: in some cases, although someone is making the payments on the loan, and the amount of the payment covers the expense of the loan payment, having the loan will affect your debt to income ratios. This can push some buyers below the current lending thresholds. Each individual is treated differently and getting another loan on a new property is certainly not guaranteed. So you’ll need to check with a mortgage banker to find out how your individual situation will be treated.

Another option for sellers using a wrap-around mortgage who would like to buy another property, is to ask us, Real Estate Source Inc., to find a property for you that is available through the Mortgage Payment Assignment Program or one of the other forms of owner financing.

Question: What kind of buyer will buy the property?

Answer: Possibly a person with less than perfect credit, but with an income sufficient to make the monthly payments, and enough up front cash necessary to pay most of the fees, and closing costs associated with the wrap-around mortgage. Possibly a self-employed person that can’t get a conventional loan in the current lending environment. In some cases a buyer with excellent credit and income that simply can’t get a loan because of current underwriting standards, or simply does not want to put down the very high down payment required in the current lending environment.

Owner Financing

The fastest way to sell a property, where the property is owned free and clear, is through an Owner Financing sale.

An Owner Financing sale involves the seller creating a loan for the buyer to buy the property with. If the seller owns the property free and clear, the loan can be created with a simple note. If the seller already has a loan on the property, the loan payments can be assigned, using a mortgage payment assignment sale, or a new loan can be created using a wrap-around mortgage sale.

Owner Financing Sale Example

– Current Appraised Property Value: $200,000

– Existing loan(s) payoff: $0 – owned FREE AND CLEAR

– Sales price: $210,000

– New Loan: $10,000 down, $200,000 balance, Interest Rate: To Be Negotiated

In this example, the property is sold at a premium price by creating a loan that is made by the seller and given to the buyer. Because the property is sold with financing, it will generally sell FASTER and at a PREMIUM PRICE.

The exact terms, including the interest rate and monthly payment are negotiated with the buyer. In general, properties sold with financing will demand premium interest rates (2-6%) above what lending institutions offer (to those that can get loans). Most or all of the down payment will go towards fees and closing costs.

Real Estate Source Inc. can manage this entire process for you by contracting to buy your property from you, creating the loan and all necessary paperwork, and then assigning the contract to a buyer that would like to buy a property with owner financing.

Owner Financing Sale Advantages and Disadvantages

The advantage to selling a property through owner financing is that it will typically sell much FASTER and even at a premium sales price because it comes with financing. Also, because the interest rate is at a premium, you DO get a nice return on your money. Additionally, because you have a first lien on the property, it is a secured investment.

The disadvantage to selling a property with owner financing is that you don’t get all of your money at the sale – instead you get it in the form of monthly payments.

If you want to place a time limit on the loan you are making, you CAN put a balloon term in the note, making the loan expire after 3, 4, or 5 years (or any amount of time you desire) at which point the buyer will be required to refinance and you will receive all of your money.

For many sellers this is ideal – fast sale and excellent return on their money. For others, they would prefer to sell FAST and at a PREMIUM PRICE and get ALL OF THE MONEY up front. Unfortunately, no such options exist, so you have to choose between the tradeoffs of selling using the various options listed in on this website. For people that own properties free-and-clear the best options are generally owner financing, fast cash, or traditional listings, with each having different advantages and disadvantages.

http://www.need2sell.us/s/soon/owner_financing

Common Questions about an Owner Financing Sale

Question: How long does this process take?

Answer: Normally 2-10 weeks, but it could be less than a week! Most of this time is used showing the property to a list of buyers that have already been found that are looking for properties, like yours, offered for sale with financing.

As with any sale, you can negotiate the closing date with the buyer.

Question: What are the odds of success?

Answer: Good! Of course many factors affect the odds of success – most notably, would anyone want this property with the payment?

It has always been true that offering a property with financing, as is done with owner financing, allows a property owner to sell a property FASTER than any other method of selling a property.

Question: What if the buyer stops making the payments?

Answer: If payments are missed, you have the right to foreclose on the property and get it back. In most cases it would be preferable, however, to call the buyer (or let the loan serving company do this) and try to resolve the situation, by telling the buyer to deed the property back using a deed-in-lieu, so that a foreclosure on them (and the destruction of their credit) is not necessary.

In all cases if there is trouble with the buyer, call Real Estate Source Inc., and we will be happy to help resolve the problem and/or get the property back so that we can quickly buy and sell it again.

Question: What if the buyer trashes the property?

Answer: The advantage of SELLING a property through owner financing is that the buyers are actually buying the property and not renting. In most cases buyers have a pride in property ownership and care more for the property than renters.

Additionally, these buyers are bringing their hard earned money to closing when they buy. So unlike renters who are just putting down a small deposit, the buyers have much more skin in the game, in the form of their down payment. They may even make substantial improvements to the property after they buy it as is the case with many homeowners.

Finally, if you threaten to foreclose on a buyer, you can also often negotiate the terms under which the buyer will return the property to you, in exchange for you treating them more fairly in a foreclosure proceeding. For example, you can offer to allow them to stay in the property for an extra so many days in exchange for them cleaning and make-readying the property for a new buyer and deeding the property back to you so that you don’t have to foreclose.

Regardless of the condition of the property, it can always be offered to a new buyer as-is.

Question: What about 1098 Interest statement and other documents that need to be issued each year?

Answer: You can generate these yourself, or a loan servicing company can generate these for you.

Real Estate Source Inc. can help you find a good loan servicing company.

Question: What kind of end buyer will buy the property?

Answer: Possibly a person with less than perfect credit, but with an income sufficient to make the monthly payments, and enough up front cash necessary to pay most of the fees, and closing costs associated with the Mortgage Payment Assignment Program. Possibly a self-employed person that can’t get a conventional loan in the current lending environment. In some cases a buyer with excellent credit and income that simply can’t get a loan because of current underwriting standards, or simply does not want to put down the very high down payment required in the current lending environment.

Mortgage Payment Assignment

The best way to sell a property FAST, where the property either has a little equity or is not more than 20-30% under water, is through a Mortgage Payment Assignment sale.

A Mortgage Payment Assignment sale (also called an Assignment of Mortgage Payment Sale) is the sale of a property in which the deed (ownership of the property) transfers to an investor or buyer in exchange for their legal agreement to take over the payments on the current mortgage(s). It’s important to note that although virtually no loans are assumable, anyone can assign their payments to another borrower along with ownership.


Assignment of Mortgage Payment Homeowner Guide

Mortgage Payment Assignment Sale Example

– Current Appraised Property Value: $200,000

– Existing loan(s) payoff: $225,000

– Sales price: $225,000

In this example, the property is transferred to the investor or buyer subject-to the existing loan(s) that the new owner is then responsible for making the payments on the loan(s).

The sales price is the balance of the loan(s),which may even be a premium above the current appraised property value. Typically when a property is sold with financing, as in this example, it will sell faster and at a premium price, because the buyer is getting the financing. This is because loans are currently difficult to get, and because in general, buyers are buying based more on the terms of the loan (monthly payment and money needed at closing) than the price of the property.

Mortgage Payment Assignment Sale Advantages and Disadvantages

The advantage to selling a property through a mortgage payment assignment sale is that it will typically sell much FASTER and even at a premium sales price because it comes with financing, even if the property is worth less than the total amount owed.

The disadvantage to selling a property though a mortgage payment assignment sale is that the seller’s name remains on the loan. It is somewhat analogous to having a seller co-sign for a loan on behalf of a buyer. Obviously this is not as desirable as a not having to remain on the loan, however, it is usually a better alternative to a short sale, traditional listing (where the seller will have to bring money to the closing), foreclosure, etc. For many sellers, living in areas where hundreds or thousands of properties are available on the market, the most valuable thing they have to offer the market place, is their loan itself, and the mortgage payment assignment program allows these sellers to sell, and to sell FAST.

Obviously, for most people they would prefer to sell FAST and at a PREMIUM PRICE and without leaving the loan in place. Unfortunately, no such options exist.

Common Questions about a Mortgage Payment Assignment Sale

Question: Can I stay in the property?

Answer: Yes, it’s your property until you sell it. You are expected to stay in the property until a buyer is found and the sale is completed, although you are not required to. When you complete the sale, you are expected to move out.

Question: Should I make the payments until the property is sold?

Answer: We would prefer to assign mortgage payments that are current. If you are behind, a mortgage payment assignment may still be possible, however, the more behind, the more a buyer would have to bring to closing to make the loan current – and the less likely it will be that a buyer can be found to buy the property.

Also, as the loan goes into default, a foreclosure becomes possible.

Generally if you are not able to keep a loan going, WE CAN HELP by doing a short sale on your property. Often we can start a short sale and mortgage payment assignment program together (a COMBO PLAN) and if a buyer can’t be found in time for the mortgage payment assignment program, we can fall back to the short sale to avoid a foreclosure. For more information Contact Us

Question: Are there other alternatives to doing a Mortgage Payment Assignment?

Answer: In general, if a property has little or no equity, the only way to sell the property is to do a short sale or mortgage payment assignment. Otherwise you would have to bring (potentially a lot of) money to the closing table in order to cover the closing costs, commissions, and payoff shortage.

If you don’t want to sell your property, you may consider negotiating a forbearance or loan modification agreement with your lender. These agreements generally allow a property owner to agree to a schedule to “make up” missed payments that resulted from a temporary interruption in income and/or reduce the payments going forward. If your situation is more permanent than temporary, you will likely not be approved for forbearance, in which case a short sale or mortgage payment assignment is probably a better option. Also, the majority of loan modifications are not approved by lenders and many property owners that pursue this option ultimately end up in foreclosure.

Question: How long does my name need to remain on the loan?

Answer: Until the buyer ultimately re-sells the home, refinances the loan or pays the loan off. If you want to place a time limit on the loan you are assigning, you CAN put a balloon term on the loan, making the loan expire after 3, 4, or 5 years (or any amount of time you desire) at which point the buyer will be required to refinance.

Question: How does this program affect my credit?

Answer: It depends. If you are behind in making your payments and/or have a spotty payment history, at the time that a buyer buys the property, through the mortgage payment assignment program, your payments will be brought current and this will generally improve your credit.

For many sellers, as payments continue to be made monthly, and in a timely fashion, their credit will continue to improve or remain unchanged. Obviously, if payments are late or missed, your credit will decline.

In most cases, although the loan(s) remains in your name these loans are treated by the credit bureaus as cash neutral accounts (a debt with an offsetting credit). However, each person is treated individually so check with someone you trust.

Question: How do I know the payments are being made?

Answer: The best way to monitor the payments is to have a loan servicing company collect the payment from the buyer and make the payment to the underlying lender(s) while sending the buyer as well as you, the seller, a statement each month. We can arrange this automatically as part of the closing for the mortgage payment assignment program. You can also usually check the status of the loan using your lender’s online system.

Question: Will I make any money?

Answer: In most cases, if the property has little, no, or negative equity, there is no money to be made by the property owner.

In cases where the property has a significant amount of equity, the property owner may receive money through an alternative strategy such as the wrap-around mortgage sale or owner financing sale.

Question: Will I have to pay anything?

Answer: Depending on the property, situation, and buyer’s resources, the property owner may or may not be asked to pay some closing costs. Typically, the owner will pay their portion of the closing costs only.

One of the great benefits of this program is that most of the closing costs, assignment fees, and commissions (if any) are paid by the buyer.

Also, the property is generally sold as-is and repairs are generally the responsibility of the buyer.

Question: How long does this process take?

Answer: FAST! There is no guarantee, but normally 2-10 weeks, but it could be less than a week! Most of this time is used showing the property to a list of buyers that have already been found that are looking for properties, like yours, offered for sale with financing.

As with any sale, you can negotiate the closing date with the buyer.

What are the odds of success?

Good! Of course many factors affect the odds of success – most notably, would anyone want this property with this payment?

It has always been true that offering a property with financing, as is done with the Mortgage Payment Assignment Program, allows a property owner to sell a property FASTER and with a higher loan balance than any other method of selling a property.

What if the buyer stops making the payments?

If payments are missed, you have the right to foreclose on the property and get it back. In most cases it would be preferable, however, to call the buyer (or let the loan serving company do this) and try to resolve the situation, by telling the buyer to deed the property back using a deed-in-lieu, so that a foreclosure on them (and the destruction of their credit) is not necessary.

In all cases if there is trouble with the buyer, call Real Estate Source Inc. and we will be happy to help resolve the problem and/or get the property back so that we can quickly sell it again.

Question: What if the buyer trashes the property?

Answer: The advantage of SELLING a property through the Mortgage Payment Assignment Program is that the buyers are actually buying the property and not renting. In most cases buyers have a pride in property ownership and care more for the property than renters.

Additionally, these buyers are bringing their hard earned money to closing when they buy. So unlike renters who are just putting down a small deposit, the buyers have much more skin in the game, in the form of their down payment. They may even make substantial improvements to the property after they buy it as is the case with many homeowners.

Finally, if you threaten to foreclose on a buyer, you can also often negotiate the terms under which the buyer will return the property to you, in exchange for you treating them more fairly in a foreclosure proceedings. For example, you can offer to allow them to stay in the property for an extra so many days in exchange for them cleaning and make-readying the property for a new buyer and deeding the property back to you so that you don’t have to foreclose.

Regardless of the condition of the property, it can always be offered to a new buyer as-is.

Question: What if I have multiple loans or liens against my property?

Answer: No problem. All loans/liens against a property can all be consolidated and assigned to the buyer going forward. If a loan servicing company is used (Real Estate Source Inc. can arrange this), all of the underlying loans can be automatically combined into a single new loan and escrow account on behalf of the buyer.

Question: If I can’t afford this property, should I declare bankruptcy?

Answer: Some people facing payments on a mortgage they cannot afford consider bankruptcy as an alternative. The truth is that bankruptcy does not prevent a property from still being foreclosed on – it just delays the process briefly.

If selling the property through the Mortgage Payment Assignment Program (or a short sale) would leave you financially solvent, it is probably a far better alternative to bankruptcy.

Question: What happens if I do declare bankruptcy?

Answer: A property cannot be sold or foreclosed on (auctioned) while in bankruptcy (Ch 7 & 13).

When a property owner declares bankruptcy, the lender will file a motion with the bankruptcy court to have the property removed from the bankruptcy so they can foreclose.

Bankruptcy is a common strategy to avoid foreclosure, but the reality is: bankruptcy only DELAYS the foreclosure temporarily, and does not prevent it.

Fees and missed payments pile up during bankruptcy making foreclosure more likely and less preventable, which can usually leave property owners with a bankruptcy AND a foreclosure on their credit.

If a property owner’s financial problems can be mostly resolved by selling the property, a Mortgage Payment Assignment Sale or short sale is often a much better option than a bankruptcy.

If bankruptcy is inevitable, timing the Mortgage Payment Assignment sale or short sale with the bankruptcy is critical. It’s often better to do the sale first, or if that is not possible, to coordinate the sale during bankruptcy so that it can be started as soon as the property is removed from the bankruptcy.

Real Estate Source Inc. has experience working with bankruptcy attorneys while negotiating property owner’s short sales or coordinating a mortgage payment assignment sales. If you are considering a bankruptcy, we will need your bankruptcy attorney’s contact information.

Question: What about the interest deduction and the 1098 Interest statement I get every year?

Answer: Your lender will continue to issue a 1098 interest statement with your name on it each year.

However, because you are no longer the owner of the property, and the one paying the mortgage, you are no longer entitled to take the interest deduction.

The new buyer is entitled to take the interest deduction. Therefore, they will disregard your 1098 statement and have their CPA generate a new one for them. If a loan servicing company services the loan (we recommend this and can arrange for this), then a 1098 with the proper name on it will be generated and sent to the new buyer.

Question: Can I buy or rent another property after selling using the Mortgage Assignment Program?

Answer: There is no rule that says you can’t have more than one mortgage, and, for example, most landlords have many mortgages.

If your goal is to rent, having someone responsible for the payment of the mortgage payment on your last property will likely help your credit situation (versus the alternatives of a short sale or foreclosure) and improve your ability to rent a home.

If your goal is to buy another property, you may have to explain to your new lender (when asked about the old loan still on your credit report) that you sold the property through a Mortgage Payment Assignment Program. In some cases, the underwriter will ask the new buyer (or loan servicing company) to send a brief letter verifying that the property was sold through a Mortgage Payment Assignment Program and a new party is responsible for the payments going forward.

Note: in some cases, although someone is making the payments on the loan, and the amount of the payment covers the expense of the payment, having the loan will affect your debt to income ratios. This can push some buyers below the current lending thresholds. Each individual is treated differently and getting another loan on a new property is certainly not guaranteed. So you’ll need to check with a mortgage banker to find out how your individual situation will be treated.

Another option, if you would like to buy another property is to ask us, Real Estate Source Inc., to find you a property that is also available through the Mortgage Payment Assignment Program.

Question: What kind of buyer will buy the property?

Answer: Possibly a person with less than perfect credit, but with an income sufficient to make the monthly payments, and enough up front cash necessary to pay most of the fees and closing costs associated with the Mortgage Payment Assignment Program. Possibly a self-employed person that can’t get a conventional loan in the current lending environment. In some cases a buyer with excellent credit and income that simply can’t get a loan because of current underwriting standards, or simply does not want to put down the very high down payment required in the current lending environment.

Question: Do my neighbors have to know I’m selling my property?

Answer: Not necessarily. When a property is sold through the Mortgage Payment Assignment Program it is usually marketed to an existing list of pre-qualified buyers. If it’s OK with you, it is preferable to also put a For Sale sign in the yard.