ANSWERS: 3
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Seller financing offers benefits to both buyers and sellers including tax breaks for the seller as well as offering an alternative when conventional loans can't be found. The risks involved are the same risks facing any lender. Is the borrower a good credit risk? Will the property hold enough value over time to allow for the repayment of all loans made against it? Sellers should run a full credit check on the borrower, require hazard insurance on the property and include a due-on-sale clause. There also are financing, disclosure and repayment-term requirements that should be met.
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Substantial savings in closing costs for both buyer and seller. The parties can also negotiate the interest rate and the repayment schedule, as well as other conditions of the loan. The buyer can request special conditions of the purchase, such as the inclusion of household appliances or even vehicles. Also, the borrower does not have to qualify with a loan underwriter. And, unless negotiated, there are no PMI insurance premiums. On the seller’s side, he or she could receive a higher yield on their investment by receiving their equity with interest. The seller could also possibly negotiate a higher interest rate than could be received on other types of investments. A higher selling price could also be obtained as compensation for assisting the buyer with financing. The property could be sold “as is”, thus eliminating the need for costly repairs that conventional lenders would require. The seller could screen the buyer for creditworthiness and the ability to pay, and could also require the buyer to purchase a PMI policy to protect the seller against default. The seller could also choose which security document (mortgage, deed of trust, land sales document, etc.) to best secure his or her interest until the loan is paid.
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Contracts For Deed (seller financing) are becoming all the rage again. This is due in large part to the contraction in traditional credit markets. Among the benefits to the buyer is that credit requirements are likely to be more relaxed. Among the risks are the possibility of being evicted much more quickly than under a traditional mortgage agreement. Among the benefits to the seller is that they may not have to wait as long to sell their property due to these more flexible terms. Among the risks is that the seller may be in violation of their original mortgage contract's "Due On Sale" clause. Of course, very few lenders would accelerate the loan in the current market if payments were timely and current.
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