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IS PURCHASING YOUR HOME USING OWNER FINANCING RIGHT FOR YOU?

By
Title Insurance with First Title Real Estate, LLC

IS OWNER FINANCING YOUR HOME IN LOUISIANA RIGHT FOR YOU?

WHAT ARE THE PURCHASER’S RESPONSIBILITIES IN A LOUISIANA BOND FOR DEED?

What are your responsibilities as a purchaser in a Bond for Deed transaction?
They are many and are very similar to your responsibilities of outright home ownership.

First and foremost, your payments must be made on time.  Unlike a traditional mortgage, when you fall behind on your payments with this type of owner financing,  the owner/seller can, in a very short period of time, cancel the contract and have you removed from the premises.   There is no lawsuit to file.  You will get notice that you are behind.  Demand will be made for the entire amount of money it will take to bring the payments current.  If the delinquency is not satisfied within a certain time frame, you are going to have to move.

Maintaining the home in its entirety is 100% of your responsibility
.  If there is a leak in the roof, you have to have it repaired.  The same goes in regard to the A/C unit, siding, fireplace, plumbing, flooring, electrical, pest control, lawn care, etc.  Failure to maintain the property is usually a violation of the owner financing contract you sign.  The document will spell out the extent of yTaxesour maintenance responsibilities.   Read and understand it well.

Your contents are NOT INSURED!!  Again, your contents are NOT INSURED!!
The portion of your monthly payment designated as the insurance escrow payment is to pay for and renew the owner/seller’s existing insurance policy.  The owner/seller usually has no content coverage as he has no contents in the property.  His insurance policy covers the structure to be rebuilt or repaired if damage is caused to the property.  His flood insurance will replace flooring, walls, etc. but NOT YOUR CONTENTS.  Not your furniture, washer, dryer, clothes, etc.

You must obtain your own content policy for hazard, wind & hail, and/or flood if your possessions are to be protected.  

Can you deduct the interest you pay?   With this type of owner financing contract, you may be entitled to deduct the interest you pay on your tax return according to IRS publication 537 (2009).  Talk with the person who prepares your tax return.

Should you purchase a title exam at the time of the Bond for Deed transaction?  The title examination will reveal what is of record against the property you are going to purchase.  It may be the deciding factor to purchase or not purchase the property using owner financing.  It will reveal the “of record” financial stability of the seller. (ie. Liens, judgments, foreclosure filings, child support judgments, etc. that have been filed in the court records)  This is important because the title is going to remain in the seller’s name until you formally purchase it.

Give me a call if you are thinking about purchasing your next home using owner financing.  We are here to help.

Photo compliments of Aarin Free Photo

 

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.

Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros

I think you have raised some issues, especially the title issue that many need to be aware of and work toward haing the title held some where else

Aug 20, 2010 09:46 AM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

Great points about owner financing, Kelly...people who are considering that in Louisiana will appreciate your informational blog post! :)

Leilani

Aug 20, 2010 07:44 PM
Kelly Milligan
First Title Real Estate, LLC - Slidell, LA

Thanks for responding!

Aug 23, 2010 12:45 AM
Troy Jowers
Pogo Realty, LLC - New Orleans, LA
New Orleans Realtor

Great distinction, Kelly. Thanks for the post. When there's an existing lien, bond for deed is really the only way to go, but if there is no lien, then outright owner financing takes care of a lot of those issues, provided the buyers have a sizable deposit to put down. In any case, these days I'm seeing more and more of these. I'm glad we're starting to talk more about it. Thanks Kelly!

Aug 27, 2010 01:49 AM
Kelly Milligan
First Title Real Estate, LLC - Slidell, LA

Thanks Troy.  We are seeing more owner financing come in.  My next post is the seller's responsibilites and I think it will surprise some folks!!  Stop by Lakeside shopping center today for the business expo.  I will be in booth 3 by the Godiva shop and would love to meet you!

Aug 27, 2010 11:35 PM