Article by Simon Volkov
Mortgage buyers are private investors and investment groups that buy real estate notes for lump sum cash. Buyers purchase a variety of notes including mortgage notes, promissory notes, land contracts, and trust deeds. These cash flow notes can be sold in whole or part dependent on sellers’ needs.
When mortgage buyers purchase notes sellers are required to assign payment rights using an Assignment of Mortgage contract. This document records the number of transferred payments and sale terms. If partial payments are sold, sellers execute a Partial Purchase Agreement. In order for the transfer of payments to be legally-binding the contracts must be recorded through local courts.
Security documents remain in the property owner’s name when partial payment rights are transferred. However, property rights are transferred to mortgage investors. When partial sale terms are fulfilled, property rights transfer back to the seller.
For example, John Smith requires ,000 and holds a real estate note valued at 0,000. The property is secured with a seller carry back trust deed that provides Mr. Smith with income of 00 per month. In order to obtain the ,000, Mr. Smith could sell 34 future payments to mortgage buyers.
John Smith must record the assignment of future payments via a partial purchase agreement. Once the investor receives final payment, property rights revert back to Mr. Smith.
The actual payment amounts will vary dependent on fees assessed by investment groups. Investors can charge a flat fee or percentage of advanced funds. Sellers should consult with several real estate note investors to obtain the best price.
Most mortgage buyers are legitimate, but unfortunately there are some scam artists. It is imperative for note holders to conduct due diligence before assigning property rights and future payments.
The Internet can be a good source for investigating private buyers, but sellers should also ask for referrals and check with state business licensing boards to ensure real estate investment groups hold appropriate business licenses and are allowed to conduct business in the state where real estate is located.
Sellers who are unfamiliar with the process of selling real estate notes would be wise to become educated about the process. Good resources include local real estate clubs and online investor networking groups. Real estate networking forums are a good place to obtain quality leads and referrals for mortgage buying companies.
Sellers should organize all documents pertaining to the property as mortgage buyers will require specific information to determine a fair offer. At minimum, investors will need to know the outstanding balance of the mortgage note, interest rate, asking price, lien holder contact information, and whether the loan is current or delinquent.
In most cases, sellers will need to obtain a current real estate appraisal. Most mortgage buyers will accept a broker price opinion appraisal, but others will require a traditional property appraisal. The type of appraisal needed, along with who will be responsible for the cost should be determined prior to signing a purchase contract.
Many reasons exist for selling real estate notes and land contracts. Some of the more common include obtaining lump sum cash for additional investment products, paying off high-interest loans and credit cards, and obtaining funds for college tuition. Regardless of the need for cash, sellers should carefully assess the advantages and disadvantages of assigning future payments and property rights to mortgage buyers.
The process of selling real estate notes typically takes 30 to 45 days to complete. Once contracts are signed and notarized and assignment of property rights recorded through the court, the transfer is complete. It is best to obtain legal counsel to ensure documents are enforceable and rights are properly transferred to mortgage buyers.
About the Author
Selling real estate notes and land contracts to mortgage buyers can be confusing. Real estate investor, Simon Volkov shares what is involved and ways to simplify the process at www.SimonVolkov.com.
National purchasers of owner financed residential and commercial real estate mortgage notes, trust deeds and land contracts.
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