Transcript Chapter 11
REF Presentation 7 Chaps 11 & 12 Government Programs: FHA and VA Loans I. Federal Housing Administration II. Aka F.H.A. (TQ) Federal Housing Administration The Federal Housing Administration (FHA) was created by Congress in 1934 as part of the NATIONAL HOUSING ACT. The FHA’s primary function is to insure loans. FHA approved lenders are insured against losses caused by borrower default. (TQ=INSURE LOANS NOT BUY LOANS OR SELL LOANS ETC.) As the insurer, the FHA incurs full liability for losses resulting from default and property foreclosure. The FHA insurance program is called the Mutual Mortgage Insurance Plan ( MMI). Housing and Economic Recovery Act of 2008 Enacted July 30,2008, this act was passed by the U.S. Congress to primarily address the subprime mortgage crisis. The law is in effect until September 30, 2011. Summary of Act: – Increases the FHA loan limit from 95% to 110% of area median home price up to 150% of the GSE conforming loan limit, or $625,000 – Requires a down payment of at least 3.5% (TQ) – Places a 12 month moratorium on HUD implementation of riskbased premiums (ALREADY EXPIRED SEE NEXT SLIDE) – Prohibits seller-financed down payments – Allows down payment assistance from family members M.I.P. RULES (TQ whole slide!!) BASIC RULES FOR MINIMUM DOWN LOANS (PURCHASE) 30 YR LOAN – MIN DOWN MIP = 1 % UFMIP (Up Front Mtg. Ins. Premium – added to base loan), SO IF LOAN IS $100,000…you add $1000 to the loan) – MONTHLY MIP = .9 % / YEAR / MONTH (so .9% x total loan amount divided by 12 added to each payment This has the effect of have .9 (almost 1) % added to your interest rate This is all lenders a national program not optional A. FHA LOAN FEATURES Any loan intended for submission for FHA insurance has a number of features that distinguishes it from a conventional loan. The most significant of these features are: 1. Less stringent qualifying standards. TQ 2. Low down payment. TQ 3. No secondary financing is allowed for the down payment. TQ 4. Some closing costs may cover down payment. TQ 5. FHA mortgage insurance is required for the loan regardless of the amount of the down payment. TQ 6. No prepayment penalties are allowed. TQ 7. The property must be owner-occupied. TQ B. OTHER CHARACTERISTICS OF FHA LOANS The typical FHA loan has a 15 and 30-year terms. The FHA requires their loans to have a first lien position. A lender may only charge a 1% origination fee on an FHA loan, but is allowed to charge discount points. TQ The lender is required to obtain an appraisal of the property from an FHA approved appraiser. TQ Unlike many conventional loans, FHA loans are fully assumable without any increase in interest rates. REQUIRES FULL QUALIFICATION INCLUDING APPRAISAL AND CREDIT. SEE ADDITIONAL SLIDE (TQ) A lender is also prohibited from exercising any “due on sale” clause on an FHA transfer. FHA loans are not assumable by investors. ASSUMABILITY FHA – TQ’S Same rules as established in 1989 – – – – Buyer must qualify Seller will want their equity No investors (owner occupied only) Assumption will be through seller’s existing lender not a new lender Advantage, if rate on seller’s loan is lower than market Disadvantage, if buyer can’t quality anyway it doesn’t matter; no “break” for buyer More details to be discussed in break out session if desired C. INCOME QUALIFICATIONS AND MAXIMUM LOAN AMOUNTS There is no minimum (DOLLAR AMT) income requirement for an FHA loan, BUT they must qualify for loan payment as usual TQ Borrowers must show two years of steady employment and demonstrate that they have consistently paid their bills on time. TQ The FHA has a ratio of 29% and 41%. This means that the payments for a home loan may not exceed 29% of the borrower’s gross monthly income and all installment debt, including the home loan payment, may not exceed 41%. These amounts, which vary by state as well as location within a state, are adjusted yearly. FHA QUALIFICATION RULES DEBT RATIOS OF 29% / 41% ARE NOT “SET IN STONE” – THE RULES ARE FLEXIBLE AS LONG AS THEY MAKE SENSE TQ – THE PROGRAM IS DESIGNED FOR BUYERS TO GET HOMES TO LIVE IN AND NOT TO “SAY NO!” TO BUYERS of course not everyone gets approved it’s just better that’s all D. MUTUAL MORTGAGE INSURANCE (MMI) DROP OFF RULE THE BOOKS MMI RULES ARE THE OLD RULES SEE PREVIOUS MMI SLIDE!!! **** TQ TQ – When the loan balance drops below 78% of the original purchase price, the monthly payment will automatically be cancelled, provided the borrower has made monthly payments for five years on a thirty-year mortgage. – Other common sense rules apply, like your payments should be on time….”DUH!” HOPE for Homeowners When the subprime mortgage crisis reached its peak in the fall of 2008, the federal government took steps to help stabilize the American housing market. The Emergency Economic Stabilization Act of 2008 was signed into law on October 3,2008. Named the HOPE for Homeowners Act, this new law is designed to prevent qualified home owners from defaulting on their loans HOPE, IT WORKS…. IF YOU NEED IT YOU ARE IN THE 10 % TO 20 % THAT GET APPROVED – AKA “LOAN MODIFICATION” – DON’T PAY ANYONE TO DO THIS YOU CAN AND SHOUD DO IT!! TQ A. FHA 203b FIXED RATE PROGRAM With a 203b FIXED RATE PROGRAM, a down payment of 3.5% of the sales price is required. Gifts from family members are allowed, as are payments from government or non-profit agencies that are designed to help first time or low income buyers. FHA does not require the borrower to have cash reserves. 2 years of employment prior to application is required. All owner occupied one-to-four unit family residences are eligible. A REALLY GOOD PROGRAM AS LONG AS YOU FOLLOW THE RULES….IT’S THE GOVERNMENT IF YOU DO THIS THEN BE PATIENT, PATIENT, PATIENT TQ TQ TQ!! B. FHA 251 ADJUSTABLE PROGRAM The FHA 251 ADJUSTABLE PROGRAM is a thirty-year adjustable rate mortgage. It is indexed to the one-year Treasury Bill rate and is adjusted annually. The adjusted rate may not move higher or lower than 1% per year. The rate is capped at 5%. Eligible property types, mortgage insurance premiums, closing costs rules, down payment requirements, and qualifying ratios are the same as for the 203b program. IF RATES WERE LOWER FOR THESE THAN THE FIXED BY ABOUT 1% START RATE THEN IT WOULD BE A GOOD OPTION….OTHER ISSUES COULD MAKE IT BETTER. TQ If you know your going to move or retire and move, etc. in 2 or 3 years and rates were good it could be a good option. FOR NOW THOUGH FIXED IS IT!!! TQ C. FHA 203k PURCHASE AND REHABILITATION PROGRAM The FHA 203k PURCHASE AND REHABILITATION PROGRAM was developed to help revitalize communities and neighborhoods. Normally, in conventional practice, a homebuyer must first purchase the home and then obtain construction financing to rehabilitate the home. The 203k program permits a borrower to obtain a property in need of rehabilitation with just one loan. TQ The program allows loans on one-to-four unit family dwellings that are at least one- year old. The 203k program also allows loans on mixed use properties. A MIXED USE PROPERTY combines a single-family residence with a commercial building. A 203k loan has a minimum requirement of $5,000 in needed repairs that cover the health and safety of the occupants. TQ 1. Steps in the 203k Program First, after locating a prospective property, the buyer and his or her real estate agent make a preliminary analysis of the extent of repairs necessary and a rough estimate of the cost of the work to be carried out. Up to $35,000 TQ… Then a sales contract is executed, including provisions that the borrower has applied for 203k financing and that the contract is contingent upon approval of this financing. The buyer then contacts an approved FHA lender. The lender will, at this stage, recommend an FHAapproved 203k consultant (generally a contractor) to help the buyer draw up the necessary work write-ups and cost estimates. The appraiser will then carry out an (2) appraisals of the property. One as is, one as it will be. TQ 203k (cont.) FHA then issues a mortgage insurance certificate to the lender. Repair work may begin at the time of closing and must be completed within six months. The repair funds are disbursed as each stage of rehabilitation is completed. Upon overall completion, a final inspection is carried out by the FHA-approved inspector. TQ… The mortgage will then close and the lender will submit the closing documents to FHA. The lender will review the application and issue a conditional commitment and statement of appraised value. D. FHA TITLE I PROGRAM The FHA TITLE I PROGRAM is designed to allow homeowners to finance light repairs or permanent improvements to their homes. Loans of up to $25,000.00 will be insured for a maximum of twenty-five years. The borrower also pays a mortgage insurance premium for a Title I loan. Title 1 Loans are currently not in play. The program does still exist, there just aren’t any lenders in the game right now TQ! III. VA Loan Guaranties NEXT!!! VA Loan Guaranties* In 1944, a grateful U.S. Congress passed the Serviceman’s Readjustment Act to provide returning World War II veterans with education, medical, and home loan benefits to help them readjust to civilian life. This law is often referred to as the G.I. BILL. TQ Veteran’s benefits are managed by the DEPARTMENT OF VETERANS AFFAIRS (VA). One very important benefit is the VA home loan guaranty**. The difference between FHA is that VA is a “gaurantee” of a portion of the loan, not mortgage insurance of the whole loan amount. TQTQ A. VA LOAN GUARANTY CHARACTERISTICS The VA program has a number of features that are attractive to borrowers who qualify: 1. A VA loan may not have prepayment penalties. 2. A VA loan may be assumed by anyone; the new buyer does not have to be a veteran. 3. No mortgage insurance is required. 4. Funding fees may be financed. 5. Builder warranty is required on new homes. 6. Closing costs may be paid by seller. Current closing cost items include: 1. A maximum 1% origination fee. 2. Appraisal fees are set by Regional VA offices. The fee may not be more than is reasonable and customary for the area. 3. Credit report fees may not exceed the cost charged to the lender. Credit research fees of $50.00 charged by Loan Prospector® are allowed. 4. The veteran may pay for hazard and flood insurance, if required. 5. The veteran may pay for title insurance. 6. The veteran must pay the VA funding fee. 7. The veteran may pay for recording fees. 8. The veteran is responsible for prorated interest and property taxes. 1. Sale by Assumption Veterans who obtain loans guaranteed by the VA are legally obligated to indemnify (pay back) the United States government for any claim paid out by the VA under the loan guaranty. TQ (Makes VA loans less popular than the FHA for assumptions.) TQ To facilitate a veteran’s release from liability on a loan a new buyer intends to assume, it is best to include in the sales contract a provision to that effect. The sales agreement should provide that the buyer will assume all the seller’s loan obligations, including the liability for indemnity on the VA loan, and that the sale will not be closed unless and until the VA approves the credit and income of the purchaser. The seller must apply to the VA for a formal release of liability. If the sale closes without first obtaining the release from the VA, the veteran will find that he or she is fully liable in the case of a default. 2. Restoration of Entitlement A veteran who has paid off his or her loan, and sold the house on which the loan was secured, may have all his or her entitlement restored. TQ ENTITLEMENT is the maximum insurance amount that the VA will provide for the veteran’s home loan. By act of Congress, the veteran is entitled to the amount by virtue of his or her service in the armed forces. Entitlement may also be restored if the property is sold to another veteran who substitutes his or her entitlement for the seller’s. To restore entitlement, the veteran must apply to the VA and fill out the necessary forms. 3. Eligibility Eligibility requirements for a VA loan vary depending on when and where a veteran served and the length of the service. In general, the periods for active wartime service are: WWII 09/16/40 - 07/25/47 Korean Conflict 06/27/50 - 01/31/55 Vietnam Era 08/05/64 - 05/07/75 Persian Gulf War 08/02/90-TBD Peacetime veterans are also eligible for the periods: 07/26/47 to 06/26/50 02/01/55 to 08/04/64 05/08/75 to 09/07/80 (enlisted) 10/16/81 (officer) VA ELIGIBILITY CONT #1 THE MAIN POINT TO UNDERSTAND ON V.A. LOANS AND THE ELIGIBILITY IS THAT IT DEPENDS WHEN YOU SERVED IN THE MILITARY, WHAT DATES, POSSIBLY WERE YOU IN A WAR ZONE AND SO ON….IT ISEEMS ESSENTIALLY FAIR….SO THE DATES OF SERVICE ARE ON YOUR DISCHARGE THE “DD214” THE MILITARY LOVES THEIR NUMBERED AND ACRONYMED PAPERWORK; SOME DAY IT WILL MAKE SENSE (POSSIBLY TO YOU!!!) TQ TQ Eligibility (cont.) Selected reserves and National Guard are eligible after six years of service. Members of the military who have served in Iraq and Afghanistan or are currently serving are eligible for all benefits. The spouse of a serviceperson who died while in service. Lastly, Public Health Service officers, cadets at the service academies, some merchant seamen of WWII, and officers of the National Oceanic and Atmospheric Administration may be eligible as well. 4. VA Loan Guaranty Amounts The VA does not guarantee the entire amount of a loan. TQ A veteran’s maximum entitlement is currently $36,000.TQ TQ This may be adjusted upwards on certain loans. On October 10, 2008 the President signed the VETERANS BENEFITS IMPROVEMENT ACT OF 2008 The following are highlights of the changes to the program: 1. Authority to guarantee adjustable rate mortgages and hybrid ARMs has been extended through 9-30-2012 2. Refinance loans are available for up to 100% of the appraised value of a home rather than the previous 89% 3. Guaranty amounts for loans of $417,000 or less are unaffected 4. On loans for more than $417,000, the VA will guarantee 25% of the original loan amount up to a maximum guaranty 5. Partial Entitlement A veteran who used his entitlement to purchase a home in the past may use that portion of his remaining entitlement to purchase a second home. TQ EXPLAIN SCENARIO….. Example: A veteran used the maximum entitlement of $25,000 that was available in 1978 to purchase a home. Today, he wishes to purchase a second vacation home. The home is priced at $100,000. The veteran has $11,000 remaining in entitlement ($36,000 - $25,000 = $11,000). B. THE VA LOAN PROCESS The first step in the process is to determine if the veteran has a Certificate of Eligibility which was given to him/her as part of their discharge papers. A CERTIFICATE OF ELIGIBILITY notifies the lender that the veteran is eligible for a VA loan and what his or her entitlement will be. All lenders are responsible for conforming in full to VA requirements. TQ (many times the loan officer goes to get the paperwork for their client.) Public Information TQ TQ This includes the use of VA-approved appraisers and underwriters. IV. CHAPTER SUMMARY The FHA and VA loan programs are huge federal insurance programs that are backed by the full faith and credit of the U.S. Government. TQ The FHA has been a boon to the lending, construction, and real estate markets since its beginning. MMI TQ Additional Programs (203b, 251, 203k) Title I The VA programs are designed to provide veterans returning to civilian life an opportunity to enjoy the benefits of home ownership. No prepayment penalties No mortgage insurance Liable to U.S. Gov’t (Indemnity) Assumable Entitlement/Partial Entitlement Seller Financing Which lenders do seller financing? Trick Question! NONE! TQ Seller Financing In tight money markets, it’s not uncommon for a seller to make a deal to finance part of the purchase price. TQ Mortgage money from traditional lenders may be too costly in terms of interest rates, or simply unavailable. Buyers may be unable to come up with the necessary cash for the down payment required by a conventional mortgage, or simply wish to take advantage of the low interest rate on the seller’s existing mortgage. In any case, sellers can often enhance the salability of their properties by offering financing in the form of purchase money mortgages or land contracts. TQ I. Purchase Money Mortgage/Trust Deed A PURCHASE MONEY MORTGAGE is given by a buyer to a seller to finance the purchase. The seller is the MORTGAGEE or BENEFICIARY. TQ The advantage of this arrangement is that sellers are not bound by institutional policies regarding loan ratios, interest rates, or qualifying standards. (THEY CAN MAKE THEIR OWN U/W DECISION). TQ The seller is taking a risk with a purchase money mortgage, but it may be justified if it allows the sale to proceed or enables the seller to get a higher price for his or her home. Because the profit from the sale is spread over several years, the seller may benefit from a lower rate of income taxation. A. UNENCUMBERED PROPERTY (THE BEST SCENARIO – TQ) FREE & CLEAR – The simplest form of purchase money financing is where the seller has clear title to the property, free of any mortgages or other liens. – The buyer and seller simply negotiate the amount and terms of their financing arrangement and draw up the appropriate documents. Purchase money financing may take any of the many forms discussed in earlier chapters, such as variable interest rates, graduated payments, or partial amortization with balloon payment. Virtually the only limit is the imagination of the parties & the legality & title insurability of the transaction. Example: – Grandma Perkins decides to move to her sister’s farm in the country and wants to sell her townhouse. The mortgage on the townhouse has long since been paid. Mr. and Mrs. Jenkins want to buy the townhouse, but cannot qualify for conventional financing. However, Grandma believes they are honest and reliable people who can be trusted to pay off a loan, so she offers them the following deal: sales price of $90,000, with $8,000 down and the balance in the form of a purchase money loan, secured by deed of trust with Grandma as the beneficiary. Interest will accrue at the rate of 6% for the first year, and increase ½ of 1% per year until it reaches 7.5%, where it will stay for the balance of the 30-year loan term. Payments are to be interest only for the first six years, and the principal then fully amortized over the balance of the term. B. ENCUMBERED PROPERTY Because many residential properties are encumbered by existing mortgages or deeds of trust, seller financing often involves assumption or refinancing of existing debt. 1. Assumption If the seller’s existing mortgage does not contain an alienation clause (due-on-sale clause), it is assumable. TQ The buyer can simply agree to take over payment of the seller’s debt with the terms of the note unchanged. The property still serves as the basic security for the loan, but the buyer becomes primarily liable for repayment of the debt. 2. Assumption and Release An assumption can take two forms. In the first case, it is an agreement strictly between the buyer and seller. The buyer assumes liability for the loan, but the seller is not completely released from responsibility; he or she remains secondarily liable. In order for the seller to be relieved of this responsibility, he or she must obtain a release from the lender. 3. Alienation Clause The seller’s existing mortgage may contain an ALIENATION CLAUSE, which is designed to restrict the seller’s right to transfer the property. The clause may be triggered by the transfer of title or by the transfer of significant interest in the property (e.g., a long-term lease). The alienation clause may give the lender the right to declare the entire loan balance immediately due and payable, the right to raise the interest rate on the loan, or the right to do either at its option. C. PURCHASE MONEY SECOND MORTGAGE If the buyer does not have sufficient cash to cover the difference between the sales price and the institutional financing, a purchase money second mortgage can be the key to closing the sale. TQ (riskier for the seller!) Seller-sponsored second mortgages are subject to the same lien priority rules as institutional mortgages. In the event of default and foreclosure, the first mortgage is paid in full from the proceeds of sale before any proceeds are allocated to the second mortgage. Sellers who take back second mortgages should keep this in mind when negotiating the amount of seller financing. D. SELLER-SPONSORED WRAP-AROUND FINANCING The WRAPAROUND MORTGAGE is a loan transaction in which the lender assumes responsibility for an existing mortgage. The “wrap” is sometimes used to get around the provisions of an alienation clause (which limits the ability to assume a loan). The attractiveness of the wrap-around is that it enables the buyer to obtain financing at below market interest rates while still providing a market rate of return for the seller. E. WRAP-AROUND VS. ASSUMPTION PLUS SELLER SECOND In an assumption, the buyer receives the benefit of an existing low interest rate loan. If the transaction is structured with a wraparound loan at market rates, the seller receives the benefit of the existing low interest rate loan and is able to receive a very attractive rate of return on the portion of the financing that is actually extended by the seller. A wrap-around transaction can also be structured so that the seller receives above market rates on the credit actually extended and, at the same time, the buyer pays below market rates on the total amount financed. F. RESALE OF PURCHASE MONEY SECURITIES If a seller wants the option of cashing out at some time in the future, he or she can do so without giving up the ability to offer purchase money financing. If the seller desires to resell his or her loan immediately or in the future, the seller should use standard Fannie Mae forms for writing the financing agreement with the buyer. The seller then has the option, at any time, of ordering the approved lender to pass the loan through to Fannie Mae, thereby cashing out the seller. DO NOT ASSUME THE ABOVE IS CORRECT TQ TQ II. Land Contract Usually used to sell…..LAND! TQ In some areas, a popular form of purchase money financing is the land contract. The distinguishing feature of a land contract is that the seller retains legal title to the property until the buyer has made all of the payments on the contract. Land Contract SEE THE CONTRACT CAN BE SIMPLE….TQ, BUT PROBABLY WON’T BE!! TQ A. CONTRACT SUBJECT TO EXISTING MORTGAGE It is rare to find a seller whose property is not encumbered by some form of mortgage lien. The simplest way to do this is to make the contract subject to the existing mortgage. The contract is written for the full purchase price, but the buyer’s property rights under the contract are subject to the rights of the seller’s mortgagee. The seller remains liable to make the payments on the loan and the property may be foreclosed if the seller defaults. The obvious problem with this arrangement, from the buyer’s point of view, is how to make sure the seller does not default on the loan payments. The solution is to include in the contract a provision requiring the seller to make timely payments on his or her loan and allowing the buyer to make such payments directly to the lender if the seller fails to do so. TQ TQ 1. Contract Escrow In a CONTRACT ESCROW, the buyer makes payments into the escrow account, and the escrow agent pays the seller’s loan payments out of the account. The balance in the account (after the loan payments are made) is disbursed to the seller. In this fashion, the buyer is protected from the consequences of a default by the seller. GOOD LUCK FINDING THE ESCROW CO. TO DO THIS ….TQ 2. Estoppel Letter It is always good practice, in any transaction where an existing mortgage is to be left in place, to obtain the lender’s written consent to the proposed transaction. This is not essential where there is no alienation clause in the seller’s promissory note or mortgage. The lender’s consent is given in the form of a letter, called an ESTOPPEL LETTER, acknowledging the transfer and waiving the lender’s right to accelerate the loan on account of the transfer. By writing the letter, the lender is ESTOPPED (legally prevented) from later trying to accelerate the loan on the basis of the sale. UNLESS THEIR FORMS/PAPERWORK PROHIBIT THIS!!! TQ B. CONTRACT WITH ASSUMPTION OF EXISTING MORTGAGE If the seller does not wish to remain liable for the mortgage payments, but the buyer cannot (or will not) refinance the debt, the buyer may be able to assume (take over) the seller’s mortgage and pay the balance of the purchase price under a contract. In this arrangement, the buyer becomes personally liable for payment of the mortgage debt; the buyer makes one payment to the mortgagee and another payment to the seller. C. CONTRACT PLUS ASSUMPTION PLUS INSTITUTIONAL SECOND In some transactions, the seller will be willing to let the buyer assume the existing mortgage and also be willing to finance part of the price on a land contract, but he or she will desire at least a partial cash-out of his or her equity, perhaps to use as a down payment on another purchase. If the buyer cannot come up with the cash from his or her own assets, there is still an alternative: an institutional second mortgage. 1. Lien Priority 2. Deeds and Security III. Other Forms of Creative Financing A. LEASE/OPTION The lease/option plan is comprised of two elements: a lease, and an option to purchase the leased property within a specific time period (usually within the term of the lease). An OPTION is an agreement to keep open, for a predetermined period of time, an offer to purchase or sell property. TQ – OPTIONEE – OPTIONOR 1. Consideration for an Option To be enforceable, an option must be supported by consideration. The CONSIDERATION ($$ USUALLY $$) is something of value given by the optionee to the optionor in return for a commitment to sell the property to the optionee at some time in the future. The consideration is usually a sum of money, but it can be anything of value. It is sometimes called the OPTION MONEY. 2. Other Option Essentials An option is required to include all of the terms of the underlying contract of sale. This means that a binding contract is formed at the moment the optionee exercises his or her option to purchase. Required information includes, but is not necessarily limited to, the following: 1. names and addresses of the optionor and the optionee; 2. date of the option; 3. nature and amount of consideration; 4. words indicating that an option is being given; 5. date option expires; and 6. purchase price and essential terms. 3. How Does a Lease/Option Work? The seller/landlord leases the property to the buyer/tenant for a specific term (six months, one year, etc.), with the provision that part of the rental payments may be applied to the purchase price if the tenant decides to buy before the lease expires. The essential terms of a lease/option, in addition to the option requirements recited previously, include: 1. 2. 3. 4. rental amount; rent credit, if any; reference to security deposit, if any; a statement that a default by the optionee/lessee in connection with the lease agreement will result in a forfeiture of option rights; and 5. type of acceptable financing. 4. Advantages and Disadvantages of the Lease/Option The main advantage of the lease/option is keeping a sale alive until the parties are in a position to close. TQ The primary disadvantage of the lease/option is that the “seller” cannot sell the property to anyone other than the tenant during the term of the option. TQ 5. Ways to Structure a Lease/Option Crediting rental payments may be done in a variety of ways, depending on the needs of the buyer -(What the future lender looks for!!)TQ Rental payments may be credited towards the amount needed for a down payment if the buyer is short on cash (DOCUMENTATION) Payments can be used to reduce the amount of financing required (only the amount that is over what the current “normal” rent would be.TQ B. LEASE CONTRACT SEPARATE FROM OPTION CONTRACT A problem with the lease/option agreement is that too often the optionee/tenant does not exercise the right to purchase. The result is wasted effort, with no sale and no commission. A more forceful, and consistently more successful, method of structuring lease/option arrangements is to treat the lease and the option as two separate contracts. TRIPLE-NET LEASE - in addition to rent, buyer is responsible for payment of property taxes, insurance and utilities. C. LEASE/PURCHASE OR LEASE/SALE A lease/purchase or lease/sale is quite similar to a lease/option. The primary difference is that, along with a lease, the buyer and seller sign a purchase and sale agreement instead of an option. Most agents believe that a lease/purchase arrangement is more likely to result in a successful sale than a lease/option. As with a lease/option, the most reliable indicator of a successful lease/purchase is usually the amount of money put up by the buyer. $$ TQ D. EQUITY EXCHANGES When a buyer cannot come up with sufficient cash for a sale, the difference can be made up with other assets, such as land, another house, cars, boats, or any other property in which the buyer has an equity interest and that the seller would be willing to accept as part of the down payment. If the transaction involves an exchange of real estate that is used in a trade or business, or is held for the production of income or investment, some or all of the capital gain can be deferred in a “tax-free” exchange. E. PARTICIPATION LOAN In a PARTICIPATION LOAN or shared equity loan, the buyer enters into a form of partnership with an investor who provides cash for the sale. The investor may be the seller, a bank, or any private investor. Instead of charging interest, the investor in a participation plan receives a percentage of the EQUITY (the difference between the property’s value and the indebtedness secured by the property). Participation loans can be fairly complex in comparison to other creative financing methods. Agreements such as these should be clearly spelled out, with provisions for all possible contingencies. The services of an experienced real estate attorney should always be obtained when preparing participation plan financing. IV. Broker’s Responsibilities Biggest one is don’t get sued! TQ Keep everything on the up and up! TQ Be honest! TQ Tell the Truth, even if you’re going to lose money. TQ Just do it right, get help, use an attorney and be sure everything is signed and notarized and the deposit money is verified! TQ Broker’s Responsibilities The old saying “where there’s a will, there’s a way” is particularly true of creative finance. The advantages of open-minded negotiation among buyer, seller, lender, and agent cannot be overemphasized. However, when using an arrangement that has not been tried and proven by others in the past, the greatest care should be taken by the broker to protect the rights of all parties through detailed specification of all terms of the agreement, preferably with the advice and assistance of legal counsel. V. CHAPTER SUMMARY Seller financing provides an almost limitless variety of creative alternatives to institutional financing and is particularly attractive in tight money markets when loans from institutional lenders often have prohibitive interest rates. Seller financing is also attractive to borrowers who cannot qualify for an institutional loan. However, for seller financing to be a feasible alternative, the seller must not have an immediate need for cash from the sale. Most seller-financed sales are of properties that are encumbered by previous financing. Chapter Summary (cont.) There are various ways to structure such a transaction, and they include: Assumption Wrap-around Financing Land Contract Subject to Existing Financing Contract with Assumption of Existing Mortgage Contract Plus Assumption Plus Institutional Second Mortgage Lease Option Lease Contract Separate from Option Contract Lease/Purchase Equity Exchange Participation Plan Finally, professional brokers and agents who are involved in creative financing need to exercise caution, enlisting the services of a qualified real estate attorney. TQ TQ Final Tip of the Night! Sometimes, if you have to, wear a tie…. Hmmmmmm…….what is the?? Essay Question: Why I (you) would write up a lease option/land contract in today’s market? (1 PAGE, 5 paragraphs!)