There are many different owner financing documents that can be used to complete owner financed or rent to own transactions. Each person’s understanding of the seller financed transaction is more important than the paper it is written on, until you have a disagreement, which is why you want to have good attorney tested forms that address everything that could come up in writing. A good forms kit will also have forms needed to service the transaction after closing. The package linked to below has everything you’ll need and then some. It even has and assignment form so you can sell the contract if you get tired of collecting monthly payments.
Click the above link to be taken to the best general owner financing forms package that are state specific for your state. Just select your state and check out. The owner financing forms package has everything you will need to buy or sell seller financed real estate. The kit also includes instructions and examples of completed forms.
A complete understanding of the documents used by both the buyer and seller will usually keep you from ever having any major disagreements over terms and who is to pay for what.
5 types of seller financed documents you can use to sell or buy real estate
Note and mortgage forms can be used where you want to give a deed up front and take back a mortgage. This is how banks lend money and hold a security interest in the property until the note is paid off. The deed gets recorded in public records and transfers ownership from the seller to buyer. The note is the borrower’s promise to pay back the amount financed, this is usually not recorded. The mortgage is the recorded security or pledge of interest in the property securing the note. If the note goes into default the note holder must foreclose to retake possession of the property.
The traditional lease option forms consisting of two or three separate documents, a lease, an option form and a purchase and sale agreement. Some or all of these documents may or may not be recorded or a notice of agreement or notice of option may be recorded to put a notice that there is an agreement in public records. You can use eviction to retake possession however if the eviction is contested in court the court may require the landlord to foreclose.
Contract for option forms. Where there is an agreement to give and option after certain terms are outlined in the contract are met. This is also used in conjunction with a lease. The remedy of a default on this agreement is eviction.
Rent to own forms could consist of either a contract for option or a lease option, technically a paragraph added under special conditions to a lease could be considered a rent to own agreement.
Another favorite is a contract for deed or land contract. This contract is similar to a note and mortgage except the deed is not transferred up front instead the deed passes only after the terms are fulfilled and the agreement is paid off or completed. These agreements can be recorded or unrecorded and if recorded the remedy of default is foreclosure.
Great Book and Forms CD For Advanced Real Estate Investors
If you are already familiar with real estate forms and are looking to learn some advanced real estate investing tactics then get this book along with the land trust book written by Mark Warda. My favorite technique is the lease to own using a lease and contract for option.
If you are investing in or will be buying or selling more that one property then I suggest you get this book written by Jack Shea and Mark Warda . I have used the forms CD that can be ordered from the book author to buy and sell many rent to own homes in Florida over the years, and have never had any issues.
Click on the links below to download our simple free application forms if you would like to apply for a property seen on this website. The first is a word document the second is a PDF document.
Feel free to apply even if you do not see a home you like and we’ll find one you do like.