- 1 CREATIVE FINANCING OVERVIEW
- 1.1 Highland
- 1.2 SECLUDED
- 1.3 Quitclaim Deeds
- 1.4 About The Reverse Mortgage Attorney
- 1.5 JR-Deal-NewZ-1-18-2021
- 1.6 JR Deal NewZ 9-14-2020
- 1.7 Smart Meter Scam
- 1.8 Buy Real Estate In Partnership
- 1.9 JR-Deal-NewZ-7-19-2020
- 1.10 Flat Fee Payable At Closing
- 1.11 Dodd-Frank And Seller Financing
- 1.12 Small Cell Towers Outside Your Window – Harmful – Reduce Property Values
- 1.13 Voltage Can Vary
- 1.14 Where Does Petroleum Come From?
- 1.15 Can a dismissed Chapter 13 be removed from your credit report?
- 1.16 Become An Attorney Broker
- 1.17 Final Walk Through on New Construction
- 1.18 How Much Does Social Security Pay?
- 1.19 Why you can sell homes in the winter
- 1.20 4017 Colby Everett
- 1.21 Are Rich People Mean? – How Much Is Enough?
- 1.22 Helping Other Brokers
- 1.23 Vaccines Wear Off – Cannot Provide Permanent Protection – Cannot Produce Herd Immunity
- 1.24 LED Street Lights Reduce Property Values – Harm Eyes – wear blue blockers
- 1.25 Cell Towers, Smart Meters, 5G – They All Depress Property Values
- 1.26 Nina Beety’s 50 page Smart meter hazards report
- 1.27 Anti-vaxxer want informed consent and liberty
- 1.28 New York Times – Another Industry Captured Corporation – 5G Must Be Good Because Evil RT Warns It Is Unsafe
- 1.29 Tetanus Vaccine – TDaP – No Proof Of Safety
- 1.30 I just don*t thing being an adult is gona work for me
- 1.31 Sign In
- 1.32 Co-Broker Buyer Broker Agreement
- 1.33 JR-Deal-NewZ-2-8-2019
- 1.34 Home Renovation Can Cost A Lot
- 1.35 Funny Mockery of Ineffective Government – From An Opponent of Single Payer
- 1.36 IRS Provides Clear Test on How 20% Deduction Applies to Rental Income, Exchanges
- 1.37 Real Estate Calculations Every Investor Should Memorize
- 1.38 An additional inspection can cut short the time for the original inspection
- 1.39 Ten Mistakes Investors Should Avoid
- 1.40 How to Make Earnest Money Non-Refundable
- 1.41 4 Different Types of LLCs and the Ways They Pay Taxes
- 1.42 Why I Walked Away from a 118-Door Apartment, 10 Essential Real Estate Team Members & What to Do When Your Tenant Gives Notice
- 1.43 Home Inspection Questions
- 1.44 Door Knocking to Find Real Estate Sellers
- 1.45 Radio – 9-16-2018 8 PM Eliminating Traffic Congestion 9 PM Buying Real Estate in Partnership – James Robert Deal – Attorney Broker
- 1.46 How To Choose A Domain Name – by Saul Klein
- 1.47 Mistakes Sellers Make
- 1.48 Small 5G Cell Towers in Neighborhoods Reduce Property Values
- 1.49 15605 Cascadian Way Bothell WA
- 1.50 Cell Towers Reduce Property Values
CREATIVE FINANCING OVERVIEW
In 2008 it became difficult to get financing. In the last few years, lending standards have been relaxed, but it is still harder to get financing than it was before 2008. The FHA loan is sometimes the best and only option for those with less than perfect credit and less than huge income.
A possible solution is not to get new financing at all, instead to get the seller to carry a balance.
If the seller owns the property free and clear, the process is a lot easier.
If the seller owes a balance to an existing lender, that financing is called and assumption or wrap-around.
You can do a lease-option or a lease with commitment to purchase, which are almost always unrecorded. You could do a deed of trust back to the seller, which may be a wrap-around deed of trust transaction, and these are generally recorded but they do not have to be recorded.
I must stop here and say that anyone buying or selling creatively should consult with legal counsel. It is not for everyone.
Bear in mind that you must comply with Dodd Frank restrictions on seller financing. These restrictions apply whether the deal is a recorded wrap-around deal or an unrecorded lease option deal. To be on the safe side, consult with an attorney who has studied Dodd Frank and a mortgage broker.
Read this excellent summary of Dood Frank restrictions as they apply to seller financing.
in 1980, when interest rates were the highest ever. Vietnam War deficit financing had pumped up the economy. Nixon had taken the country off the gold standard in 1971. The price of oil had gone through the roof. There was inflation at 13.5% per year and recession at the same time. It was called “stagflation.” Paul Volker took a sledge hammer to the economy, raising interest rates to the point where Jimmy Carter lost the election and home mortgage rates were in the teens.
People wanted to sell their homes, but buyers either could not qualify for mortgages at such high interest rates or were not willing to do so. Millions of sellers had old 3%, 4%, and 5% mortgages, and inventive real estate agents and lawyers figured out ways for buyers to assume sellers’ mortgages formally or informally. In some cases the mortgages had due-on-sale clauses in Paragraph 17 (renumbered today to Paragraph 18). A due-on-sale clause says that if the seller sells the property the bank can call the loan due. However, many state cases around the country held that due-on-sale clauses were void as restraints on alienation because they were practical impediments to resale.
I went into partnership with a Seattle attorney in 1980, and we were very busy rewriting and closing seller-financing transactions. Title companies and escrow companies were unwilling to close the transactions, and so we escrowed them ourselves.
Assume a $100,000 property (typical price back then) with a $60,000 deed of trust against it and a buyer with $30,000 in cash. The buyer would pay $30,000 down and give the seller an all-inclusive, wrap-around deed of trust for $70,000 that wrapped around and included the underlying $60,000 deed of trust. The buyer would make payments to the seller, and the seller would make payments to the lender. There would be a cash out in five years. Often we set up a collection account to handle the money, hold the original note and reconveyance, and give the seller notice if the buyer was not paying on time. Sometimes we got consent from the lenders. Sometimes we did not even ask for consent.
Then in 1984 Congress federalized the law of due-on-sale and preempted all state cases and statutes on the subject. Banks could enforce their Paragraph 17 or 18 due-on-sale clauses and call loans due if there was a change in ownership. The bank had to give 30 days notice, and if the balance was not paid in full or the property was not deeded back to the seller, then the bank could conduct a foreclosure, a process that typically takes six or seven months. In the agreements we wrote, the buyer and seller agreed what they would do if the lender called in the loan.
There were exceptions to the new rule: The bank could not call in the loan if a parent deeded to a child, or a spouse deeded to a spouse, or if a borrower put title into the name of a trust and there was no change in possession.
How does this relate to the present? Although interest rates are relatively low, it is still difficult for borrowers to get financing. That difficulty has had a significant impact on the current stagnation in sales and the drop in property values.
Maybe it is time for buyers and sellers to rebel. My experience is that lenders do not want to take properties back and will consent to wrap-around sales, provided that the seller is not released from liability. The banks have too many properties in their portfolios and mortgage insurance companies are being stretched financially.
I am ready and willing to set up and close wrap-around deed of trust transactions. The method I use is this: I either get the lender to agree to waive enforcement of the due-on-sale clause, or I get buyer and seller to acknowledge there is a risk, and I define the risk. I get the buyer to agree that if the lender calls the loan due, that the buyer will either refinance or resell the property.
What kind of buyer would be a likely candidate for a wrap-around sale? If I can get the lender to consent to the wrap-around, then any buyer would be a likely candidate.
If I cannot get a response from the lender or if the lender refuses to give consent, then the buyer candidate would be an investor or a person who could tolerate a certain level of risk, perhaps a person with sufficient assets who could refinance or re-sell the property if necessary. Every transaction would be handled differently.
If the parties have some concern about the bank possibly foreclosing, the deal can be structured on a lease-option basis.
Bank regulators should require banks to allow buyers to take over sellers’ existing mortgages in order to spur home sales. Due-on-sale clauses should be disregarded and assumptions and wrap-around sales should be allowed until the housing and mortgage markets return to normal. Click here to read the letter I wrote President Obama regarding this issue.
Until such change is made, buyers and sellers can be creative and “go around” due-on-sale clauses.
James Robert Deal, Broker and Attorney
Broker with Agency One Realty LLC
WSBA # 8103, DOL # 39666
James at James Deal dot com
South Everett Home with Gazebo on Back Deck — 11232 3rd Ave SE Everett WA 98208 — Listing Number 1715196 — https://www.WashingtonAttorneyBroker.com/Gazebo
South Everett Home with Gazebo on Back Deck — 11232 3rd Ave SE Everett WA 98208 — Listing Number 1715196 — https://www.WashingtonAttorneyBroker.com/Gazebo
What is a quitclaim deed? What is a statutory warranty deed? When should you use a quitclaim deed? When should you use a statutory warranty deed? When is excise tax owing on a transfer of title?
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James Robert Deal, real estate attorney and real estate broker. Flat fee payable at closing. Helping buyers, sellers, and brokers. 425-774-6611.
Smart Meter Scam Click on this link: https://tinyurl.com/Smart-Meter-Docs
Interest rates jumped. Prices leveled off and got soft. Buyers over-reacted and stopped buying. Bad idea. It is time to be buying. You can make an offer without a dozen other buyers competing with you. So what if interest rates are up. What goes up must come down. And prices of real estate always trend upward over time.
The James Robert Deal NewZ. July 19, 2020.
I am a real estate transactional attorney. There is no charge for inquiries by phone or email. I can often quote a flat fee payable at closing.
The Dodd Frank Act restricted seller financing. It made due-on-sale clauses enforceable. However, lenders generally do not require payoff as long as the buyer pays the payments.
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