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Tom Gimer

Oct 19 2022

Seller financing: a win-win?

Seller financing sounds complicated but it isn’t. Think of like this: Seller = Bank. In a typical real estate transaction with financing involved, the buyer obtains a loan from a mortgage lender or bank. With seller financing, the buyer gets that loan from the seller instead. Seller financing is sometimes referred to as “owner financing” but since title changes at closing the owner is no longer the owner, so I prefer “seller financing” when discussing the concept.

OK but is seller financing better for buyers or sellers? Often it is better for both.

For a buyer, there are several benefits to seller financing. The top benefit to most buyers is the savings they enjoy on closing costs. Mortgage lenders typically have several different types of buyer charges at closing… origination (points), underwriting, processing, document preparation and attorneys fees, plus appraisal and other third party costs. None of these fees are required with a seller-financed transaction. Next, the process of obtaining seller financing is also often much less intrusive than obtaining a loan from a traditional lender. For example, a credit check may not be necessary and document requirements are usually minimal. Lastly, depending upon how the deal is structured, the buyer may be able to get into a property without the standard down payment… often 20%+ of the purchase price. If the deal makes sense to the seller (which it often does, see below), a buyer may be able to purchase the subject property with very little cash up front.

Not every seller can offer financing (well technically that is not true, but we’ll leave a thorough discussion on subject-to for another day), but for those sellers that can, there are many great benefits to financing a buyer’s purchase. By offering or agreeing to seller financing, sellers are more likely get their asking price (or more). The up-front cost savings that buyers enjoy along with terms they secure means they should be able to offer more for the property. Next, sellers who finance can likely also sell as-is without having to make any repairs to the property. With no institutional lender involved, there are no property condition requirements to meet. Further, sellers who offer financing might also see the tax benefits of avoiding capital gains and instead receiving installment payments. The amount realized over the life of the loan (even on a 5 or 10 year balloon, let along a 30 year carry) can be significantly higher than with a standard sale. Lastly, if the buyer does default, since the seller holds a deed of trust or mortgage on the property and can foreclose if necessary, this reduces the risk of loss considerably. If things go sideways they may either take the property back (after receiving years of payments) or get paid in full at the foreclosure sale. Once a seller discovers all the benefits of this method of sale (buyers may need to do some explaining here), they may feel comfortable enough about the structure of the transaction that it almost doesn’t matter who the buyer is!

So now that you can see that seller financing is clearly a win-win for both buyer and seller, how do the parties prepare a contract for a sale with seller financing?

That’s simple. You simply add in the purchase price/payment section the details of the loan. For example, “Seller agrees to hold a Note secured by first lien Deed of Trust in the amount of $X with an annual interest rate of Y% amortized over Z years, payable in equal monthly installments of [principal and interest/interest only] in the amount of $[], with the final payment of all outstanding principal and interest due, if not sooner made, on or before [maturity date].”

Written by Tom Gimer · Categorized: REI

Oct 10 2022

Surveys: an overview

As a buyer you may not be required to obtain a survey. However, if you decline a survey, the owners title insurance policy issued to you will exclude coverage for any matters which would have been disclosed by a survey. In that case you would not have title insurance (or legal defense) to respond to a boundary dispute, encroachment, or other survey-related problem.

Choices

For most residential property purchases, the buyer must choose whether to obtain (1) a location drawing, (2) a boundary survey, or (3) neither.

With commercial properties, upgrading to an ALTA/ACSM survey is the most common way to protect the significant investment that a commercial purchase often represents.

Differences between these survey types are outlined below.

Survey Types

Location Drawings

A location drawing is a quick and inexpensive survey of the property and the most common type of survey conducted in connection with residential property resales. This drawing locates the property lines and all improvements on the lot. A location drawing is the minimum required to satisfy the needs of the lender and title company to remove the survey exception; however, it does not establish the actual, true property lines or corners of the property, and it cannot be relied upon for construction. The cost of a location drawing is $200+, depending upon the size and complexity of the land.

Boundary Surveys

A boundary survey takes longer and is more expensive than a location drawing. Boundary surveys locate the actual, true property lines and corners or the property, as well as the location of any building setback lines or easements for utilities, driveways, sidewalks, etc.. The property corners are marked by the surveyor. A boundary survey can be relied upon to accurately erect fences or other improvements on your property. The cost for a boundary survey is $1500+.

If you plan to make any improvements to your property (such as a garage, fence, addition, etc.) it would be a good idea to order a boundary survey.

Boundary surveys are not nearly as comprehensive as ALTA/ACSM surveys.

ALTA/ACSM Surveys

ALTA/ACSM surveys are the standard for commercial property purchases. ALTA/ACSM surveys meet the highest standards recognized throughout the industry and they provide information including property boundaries; easement and encumbrances; encroachments; evidence of use by other parties; names of neighboring property owners; land improvements; roads and property features; access and legal routes to the property; zoning classification; flood zone classification; water boundaries; existence of cemeteries; legal property description.

The cost of an ALTA survey starts in the thousands of dollars. If you need an ALTA/ACSM, we can obtain quotes for you, but you will need to contract with the vendor directly and a deposit will likely be required.

Timing

A location drawing can be completed in under a week; a boundary survey will take a longer; and an ATLA can take considerable time. Actual time to complete any survey will vary depending on the complexity of the property as well as market demand.

Written by Tom Gimer · Categorized: General, Legal, REI

Sep 12 2022

How COVID changed real estate settlements

Nothing’s changed, right? Wrong.

Real estate settlements used to involve the gathering of buyers, sellers, real estate agents and sometimes even lender representatives in a large conference room. This would be either at the offices of the title company or one of the agents. Parties would sit on opposite sides of the table. Coffees would be poured and snacks circulated. Sellers would sign the deed and various affidavits. Buyers would sign loan documents. Once everything was signed, sellers would deliver keys. Then everyone would wait for copies of their paperwork, take their sales proceeds or commission checks, shake hands and depart. Settlement used to be an event, a celebration to remember. That all changed with COVID.

Here is the new normal: Buyers and sellers never meet one another in person throughout the entire transaction. All communication is through their agents (if represented) or via email with the title company as intermediary. Agents confirm commissions electronically prior to closing. Lenders send instructions via email and funds via wire. The parties are definitely not meeting up on settlement day… they close separately. Once the buyer signs (remotely, or alone in the title company office) and sends the title company any additional funds due by wire transfer, the seller is then contacted to finish the closing process. The seller signs (again, remotely, or alone in the title company office) and the deal is closed. Commissions, sales proceeds and other payments are made by wire or checks are sent out via overnight courier. Copies of fully executed documents are then delivered by secure email. Rather than settlement being an event, it’s now just about getting the deal finished as safely and as conveniently as possible for the parties. It’s hard to celebrate alone!

Even though COVID fear seems to have decreased considerably of late, things are not going back to “normal” anytime soon (if ever). COVID certainly has left its mark on this industry.

Written by Tom Gimer · Categorized: General

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