This article is my notes written in 1992 on my first lease option contract.
It is packed with information. This was my FIRST DEAL that I did all by myself.
I was 2 years into my real estate career at the time. This is a complicated deal that I pulled off. When you are in the moment, take one step at a time.
You can do it too. Enjoy. LesG
*** GLOSSARY ***
"FSBO" - For Sale By Owner. People who are trying to sell their home
without the services of a real estate agent. This, in my opinion, is thee
best source of finding bargain properties. If you're an expert in cars,
where would your chances of finding a good deal lie? ... a new or use
dealership, a help-u-sell lot, or from average Joe Blow.
"ASSUMABLE" - Refers to an existing mortgage loan. This says that a buyer
can take over the payments of the seller's current mortgage. The buyer
is then liability for the loan. In some instances, the seller is still
also liable. (See non-assumable, subject to mortgage)
"NON-ASSUMABLE" - A buyer can't take over the payments of a current
loan. Generally there is a due-on-sale clause in the mortgage.
"DUE-ON-SALE" - A clause incorporated into the loan, which allows the
lender to call for one lump sum balloon payment if the property is sold.
"SUBJECT-TO-MORTGAGE" - Circumstance in which a buyer takes title to
property but is not personally liable for the loan. The seller is still
fully liable. The buyer must make the monthly payments if he doesn't want
to lose the property. (Contrast with assumable mortgage)
"OPEN ESCROW" - an agreement between 2 or more parties providing that
certain instruments or property be placed with a third party for
safekeeping, pending the fulfillment or performance of a specified act or
conditions.
"DEED" - a written document, properly signed and delivered, that conveys
title to real property.
"TITLE" - evidence that the owner of land is in lawful possession thereof.
"WARRANTY DEED" - a deed that contains a promise the seller will protect
the buyer against any and all claims. Not only does the seller give the
buyer his interest to the property, seller guarantees that if anyone claims
to have interest in the property, seller is liable. Not used in Calif.,
but in Utah. (Contrast to a quitclaim deed, special warranty deed)
"SPECIAL WARRANTY DEED" - a deed in which the seller limits the title
warranty given to the buyer. The seller does not guarantee against title
defect arising from conditions that existed before he owned the property.
"QUITCLAIM DEED" - Jane Doe gives you a quitclaim deed to The Bay Bridge.
Jane is giving you all her interest in the bridge, which maybe none. Jane
also makes no guarantees your the owner. (Contrast to a warranty deed)
"EQUITY-PURCHASE" - Buyer is paying a fixed amount of money for the equity
that the Seller has. As the mortgage balance gets smaller with time the
total purchase price is also smaller by that amount. Example: LesG
signs an equity purchase contract with Mr. Seller. LesG agrees to give
Mr. Seller $9,300 for his equity. If the mortgage balance is $10,000 at
time of closing, LesG just bought Mr. Seller's property for $19,300. If
the mortgage balance is $26,000 at time of closing LesG purchase price
is $35,300.
"LEASE-OPTION" - Think of it as two contracts. A lease and the other an
option. In my case, I must fulfill the provisions of the lease in order to
get the benefits of the option.
"LEASE" - A tenant has a fixed rent for a fixed period of time.
"OPTION" - This allows the buyer the decision to buy a property at a
predetermined price. The buyer is not required to buy, however, he
forfeits his option consideration in most cases. The seller must sell, if
the buyer decides to buy.
It is packed with information. This was my FIRST DEAL that I did all by myself.
I was 2 years into my real estate career at the time. This is a complicated deal that I pulled off. When you are in the moment, take one step at a time.
You can do it too. Enjoy. LesG
*** GLOSSARY ***
"FSBO" - For Sale By Owner. People who are trying to sell their home
without the services of a real estate agent. This, in my opinion, is thee
best source of finding bargain properties. If you're an expert in cars,
where would your chances of finding a good deal lie? ... a new or use
dealership, a help-u-sell lot, or from average Joe Blow.
"ASSUMABLE" - Refers to an existing mortgage loan. This says that a buyer
can take over the payments of the seller's current mortgage. The buyer
is then liability for the loan. In some instances, the seller is still
also liable. (See non-assumable, subject to mortgage)
"NON-ASSUMABLE" - A buyer can't take over the payments of a current
loan. Generally there is a due-on-sale clause in the mortgage.
"DUE-ON-SALE" - A clause incorporated into the loan, which allows the
lender to call for one lump sum balloon payment if the property is sold.
"SUBJECT-TO-MORTGAGE" - Circumstance in which a buyer takes title to
property but is not personally liable for the loan. The seller is still
fully liable. The buyer must make the monthly payments if he doesn't want
to lose the property. (Contrast with assumable mortgage)
"OPEN ESCROW" - an agreement between 2 or more parties providing that
certain instruments or property be placed with a third party for
safekeeping, pending the fulfillment or performance of a specified act or
conditions.
"DEED" - a written document, properly signed and delivered, that conveys
title to real property.
"TITLE" - evidence that the owner of land is in lawful possession thereof.
"WARRANTY DEED" - a deed that contains a promise the seller will protect
the buyer against any and all claims. Not only does the seller give the
buyer his interest to the property, seller guarantees that if anyone claims
to have interest in the property, seller is liable. Not used in Calif.,
but in Utah. (Contrast to a quitclaim deed, special warranty deed)
"SPECIAL WARRANTY DEED" - a deed in which the seller limits the title
warranty given to the buyer. The seller does not guarantee against title
defect arising from conditions that existed before he owned the property.
"QUITCLAIM DEED" - Jane Doe gives you a quitclaim deed to The Bay Bridge.
Jane is giving you all her interest in the bridge, which maybe none. Jane
also makes no guarantees your the owner. (Contrast to a warranty deed)
"EQUITY-PURCHASE" - Buyer is paying a fixed amount of money for the equity
that the Seller has. As the mortgage balance gets smaller with time the
total purchase price is also smaller by that amount. Example: LesG
signs an equity purchase contract with Mr. Seller. LesG agrees to give
Mr. Seller $9,300 for his equity. If the mortgage balance is $10,000 at
time of closing, LesG just bought Mr. Seller's property for $19,300. If
the mortgage balance is $26,000 at time of closing LesG purchase price
is $35,300.
"LEASE-OPTION" - Think of it as two contracts. A lease and the other an
option. In my case, I must fulfill the provisions of the lease in order to
get the benefits of the option.
"LEASE" - A tenant has a fixed rent for a fixed period of time.
"OPTION" - This allows the buyer the decision to buy a property at a
predetermined price. The buyer is not required to buy, however, he
forfeits his option consideration in most cases. The seller must sell, if
the buyer decides to buy.
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