Posted by JB on July 29, 2001 at 14:24:50:
I would NOT allow the seller to remain in the property if I brought the property out of foreclosure. Once that happens, the seller will “forget” about you being the white knight. A sale to you (via deed) with lease back to the seller may very well be viewed as a LOAN. I suggest you check your usury laws in your state. Ever see those attorney’s who will help people who have been “taken advantage of” by some investor looking to make a profit? If you haven’t yet, invest for a few years and you will hear absolute horror stories at your REI club. My suggestion would be to “get the deed”, (don’t record it yet), MAKE NO PROMISES TO THE SELLER, use a CYA letter, then attempt to negotiate with the lender to discount the balance of the loan, or put the payments past due on the back of the loan, etc. Only if the lender commits in writing, then record the deed. If the lender won’t cooperate, buy it at the courthouse steps or REO. DON’T ALLOW THE SELLER TO REMAIN IN THE PROPERTY!