NPR last week ran a story about the pitfalls for buyers using wrap-around mortgages and other creative financing methods to buy homes when other credit sources are unavailable.
Why it matters: Real estate investors who sell homes, using such methods, should read or listen to the story so theyโre aware of what not to do when working with buyers in creative financing.
The reporter focuses on โland contractsโ which are also known as agreements for deed or contracts for deed, pointing out unethical investor-sellers who failed to pay the underlying mortgage, leading to foreclosure, or who encouraged defaults so they could serially re-sell the property to new buyers again and again.
The big picture: Florida, unlike other states, doesnโt regulate agreements for deed, wrap-around mortgages, or leases coupled with options to purchase. Other states, like North Carolina and Texas, have passed laws that require disclosures, recording of documents, and strict compliance with rules, or the sellerโs hands are tied when trying to default the buyer.
Our thought bubble: If investors police themselves, act ethically with their buyers, and educate buyers and sellers on how to structure these deals for everyone, Florida can avoid the regulations that others have felt the need to create.
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Using an attorney to prepare the documents and explain them to both sides clearly before signing goes a long way to prevent a buyer from feeling cheated.
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It also protects the buyer from being ripped off by an unethical seller who takes the money and fails to pay the underlying mortgage.