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IS OWNER FINANCING YOUR HOME IN LOUISIANA RIGHT FOR YOU?

By
Title Insurance with First Title Real Estate, LLC

IS OWNER FINANCING YOUR HOME IN LOUISIANA RIGHT FOR YOU?

locked gate with dollar sign

WHAT IS A LOUISIANA BOND FOR DEED?  IT’S LIKE BUYING YOUR HOME ON A LAY-AWAY PLAN

One way to utilize owner financing is a Bond for Deed.  The Bond for Deed is a type of owner financing where the buyer contracts to purchase property at sometime in the future.  The seller retains title to the property until the buyer meets the terms of the Bond for Deed or refinances the property with a new lender in order to purchase it outright.  The contract sets a specific sales price, down payment, interest rate, loan amount, late fees, maturity date, and monthly payment which may include insurance premiums and property tax payments.  It also sets forth the responsibilities of property maintenance from lawn care to remodeling.

Bonds for Deed are not against the law! In this economy, a lender has little advantage to demand a loan be paid in full before its due date if it is current and consistent with monthly payments coming in like clockwork.  Lenders do not want another foreclosure on their books.  This type of Louisiana owner financing gives the lender/mortgage holder the option to exercise it’s “due on sale” clause that is recited within the mortgage document.  

When investigating the possibility of selling or purchasing property via Bond for Deed
, make sure you consult with a Louisiana real estate attorney, real estate notary or title company who is experienced in these transactions.  Obtain, in advance, a copy of the Bond for Deed document they use to read in full.  This will give you the opportunity to jot down questions you may have about owner financing at your own pace.   If no one will sit down with you to discuss this transaction, call me and I will be glad to help you!!  

Next week we will explore the purchaser’s responsibilities under a Bond for Deed owner financing contract.

Posted by

 

Kelly Milligan, Notary Public

First Title Real Estate, LLC, your professional settlement service!

985-718-0020

 

 

 

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All data and information provided by The Notary Who Knows is for informational purposes only.  This article is not intended to give legal or tax advice, and you should consult your attorney, CPA, and/or real estate professional for additional information.

Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI

This is called a land contract in Michigan. It will also allow the lender to invoke the due on sale clause. The problem is, I would be very hesitant to recommend that someone put themselves in a position like this. Most lenders don't do things that make sense. So they may call the loan anyway and then you are opening yourself to a lawsuit or maybe a charge of practicing law without a license.

Aug 23, 2010 03:52 PM
Kelly Milligan
First Title Real Estate, LLC - Slidell, LA

Hi Terry!  Louisiana's Bond for Deed does give the lender the option to invoke the due on sale clause.  Our attorney here at First Title Corp has been practicing in real estate for 30 years.  (He also reviews my posts prior to posting)  We are seeing an increase in owner financing here due to the lending constraints we've been experiencing.  What he has not seen is a lender invoking the due on sale clause on a loan that is current in its payments. 

We don't "recommend" this venue but instead are asked often about the details and responsibilities of this type of transaction from both buyers and sellers.  Also Louisiana Notaries, who are commissioned for life, can prepare many types of legal documents.  We cannot give advice but can explain the functions of the documents we prepare!  Thanks for commenting!

Have a great day.

Kelly

Aug 24, 2010 04:28 AM
Anonymous
Jen

Can someone execute a bond for deed contract with a tenant-buyer if the seller still owes mortgage?

Thanks,
Jen

Nov 19, 2014 10:21 AM
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