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At the end of the day the question is "why" do you need to. Once you record you have made notice anyway. Entries are Limited.
Don think I against Sub2 I just against them when I the seller :) I could go on and on and on but I leave it short for others to chime in as well. I sure there are some Texan that will have a better insight on how and if its different in TX.
Originally posted by Jeff Schwarz:Sorry Nick, I haven been paying attention to the site Nike Aeroloft Women's Running Vest
As a Realtor there are ethics disclosures mainly to do with that fact that youre an agent and if you had agency what that means to the buyer. None really if youre just an agent acting on your own regard.
Thanks for the advice. Yes we doing everything through an attorney, but he leaves this option up to us. After reading through the TX Property Code again, it says we should notify the lender (7 day notice). And yes we disclosing this mortgage to the buyer as well.
I buy the property. Two seperate transactions. My closing is set for when the lease ends. I have also been told never to go for more than 3 years. I go for 12 to 18 months. I also bypass when I can and become the sellers consultant for a fee. Of course I do have clauses to protect me, my sub leaser, and the original seller as well as clauses for selling or assigning etc.
Why not do a lease purchase or lease option instead and wait for the market to recover???I love this question because depending on which side of the transaction I on, I have completely different beliefs.
I used "delayed closings" in some transactions too Jeff. Works like a charm IF they structured correctly : )
Assuming you an Agent(by your title), I would agree with Joel last suggestion on doing a lease/purchase, but preferably a lease/option.
Should I notify the bank
As for disclosures, the main one would be that the lender "MAY" elect to accelerate the due on sale clause. And then define what that means.
If you think you should then you Nike Shorts Blue should.
Reality is that once the transfer is recorded there will then be constructive notice and the lender will have then been notified. Not to mention the payments coming from the new owner or the insurance cert. Then there is the payoff demand which was requested by the closing company.
This is a huge risk we taking but this is such a money draining property that we can afford Nike Polo Blue
Lease Options (and its many cousins) is not legal (non enforceable) in TX, unfortunately. I can remember all the legality explanation, but that what I gathered from speaking with 2 attorneys here (plus some Googling).
in recent months. What I do here in Texas is: I do not use the words lease purchase or lease option, I also do not utilize the process. I lease the property. I buy the property. Two seperate transactions. My closing is set for when the lease ends. I have also been told never to go for more than 3 years. I go for 12 to 18 months. I also bypass when I can and become the sellers consultant for a fee. Of course I do have clauses to protect me, my sub leaser, and the original seller as well as clauses for selling or assigning etc.
As a seller, I don want to give up my title/ownership to the property. If the buyer cannot qualify for the purchase, create a lease/option as two separate contracts(thats really really important, at least in AZ). Collect a modest option, at least 5%.
Sorry Nick, I haven been paying attention to the site in recent months. What I do here in Texas is: I do not use the words lease purchase or lease option, I also do not utilize the process. I lease the property. Nike Coat Fur Hood
I have purchased property under these conditions, as the owner owed more than I paid and needed time to come up with the deficiency (my deal that is) I did a land contract/ purchase money mortgage with a baloon note with the seller and held it in escrow at the attorneys office. I was able to collect 2 yrs of cancelled checks as the buyer and present them to the bank at the baloon period and refi the property vs purchase it as I was on title, unrecorded, but verifiable. At the end of the day, I as the buyer had to forfill my end of the deal to pay timely, and the seller had time to apply my mortgage payments to his balance and get us where we needed to be to refi. It was a simple process and all parties were protected while the transaction was in limbo. Not certain of the implcations as a dual agent. But if all goes well and the chain of title is never compromised, you will be fine. If it doesnt go well and chain of title is compromised you will have a mess to deal with down the road. Good luck.
to keep any longer.
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