Re: For those who do Land Contracts/AFD, etc. - Posted by Tom – IN
Posted by Tom – IN on August 04, 2001 at 24:07:55:
Let me take a stab at some of your questions.
CFD, or contract sale, or land contract, or whichever name is popular in your area, are all essentially the same. The seller keeps the deed in his hot little hand and the buyer makes payments, very similar to a mortgage, as far as the accounting. Disadvantage to seller, if buyer defaults, he has to go through foreclosure. Although frequently the seller can buy the buyer out for a modest sum. Disadvantage to buyer, the seller has the deed, and hopefully can get the deed when the sale is paid off. Also, buyer needs to be aware he should have some way of knowing that the seller is actually paying off HIS mortgage or whatever on the sale. If you are the buyer, good to try to get the seller to put the deed into escrow, perhaps with a real estate attorney. Many buyers and sellers are familar with the contract sale.
Subject To. Only you, as an investor probably understand this one. The buyer is never going to hear about it. You’ve got to explain it to the seller, and sell him on your integrity, to make it work. Basically, the seller deeds the property into a trust that you control, and gives you his payment book. So, you get the deed up front. Now the seller has a tough time getting the deed back from you if you default. You need to be extremely reluctant to use Sub2 anytime the sales and/or rental market is slow in your area. How long can you make the payments on an empty house?
Actually, to a seller, a Lease option is very much like a lease on a car from a car dealer, with an option to buy at the end. The big advantage to you, the investor, to acquiring a house on a lease option is that you can control the sale for some time without actually buying the house. If you can’t find a qualified buyer, then you don’t buy the house.
Keep in mind when you ask these questions that from your viewpoint, there is a big difference between the first transaction, between the seller and you the investor, and the second transaction, between you the investor and the buyer. You need to preface each of your questions with something like “When I am buying a house from a sellor”, or “When I am selling a house to a buyer or tenant/buyer”…