Creative finance refers to the legal purchase of real estate without using conventional loans, and instead finding non-traditional means to fund the purchase. There are several forms of creative finance, including Seller Finance, Partnerships and Lease Purchase Agreements. Seller finance also includes several branches, including 100% owner finance, purchasing Subject To [the existing liens], Wrap Around or All Inclusive Trust Deeds and Executory Contracts (or Contracts for Deed), and hybrids of these products.
WHAT IF YOU COULD Sell A HOUSE.....
At MORE than Market Value
And receive compounded interest on it
Without paying any seller closing costs
Without paying buyer closing costs
While reducing tax liability
While helping others and mitigating risk
WHAT IF YOU COULD BUY A HOUSE.....
With little to nothing down
Without using your own credit
At interest rates 3-5% below current rates
Saving thousands on closing costs and fees
Without traditional provable income
With less than stellar credit
It is important to note that creative finance contains many benefits not found in traditional finance. In times when the market rates have significantly increased as they have today, a buyer can secure a much lower interest rate by taking over the seller's payments. This means either a faster payoff, lower monthly payment or larger cash flow than if they purchased under the prevailing higher rates. Additionally, stop and think about some of the challenges people face when purchasing a home and the Buyer Benefits are apparent:
Little to NO down payment
Credit challenges less likely to prevent financing
Little or no credit history can be approved with a good down payment or if the seller is in a difficult situation where the risk is lower than the risk of their status quo
Poor Credit
Recent Foreclosure - Forclosures typically prevent someone from obtaining conventional financing for 7 years. This is true even if the forclosure was due to something beyond their control, such as an accident, illness, layoff or divorce. An owner may consider these factors more favorably.
Income Difficult to Prove
As long as the buyers can prove income, most sellers are flexible how it is earned, whether it is a cash paying jo or a business has written off many expenses to show little net income despite an abundance of cash flow.
ITIN (no SSN) - Provided the other terms make sense, many sellers will sell to people still in the proces of working on citizenship or who only have an ITIN instead of a SSN.
Sellers also Benefit from Creative Finance in ways they could not otherwise benefit. Today's abrupt market shift from the all time high prices we saw just 24 months ago has put many buyers in a position where they are now upside down in their homes. Creative Finance, because it can allow the buyers to keep the seller's low rates, provides an incentive for buyers to overpay with respect to market prices, because even doing so gives them a lower payment than buying at market price with today's interest rates. Therefore, sellers who would otherwise be "stuck" in their home can sell without facing a severe loss. Other seller benefits include:
Easy way for Sellers facing Foreclosure to catch up and preserve good credit.
Net profit of the property will be higher
Can create a positive cash flow from the property
Able to sell with fewer closing costs, yielding them higher margin
Creates the ability to sell, yet avoid massive capital gains taxes by spreading the sale out over time instead of in a huge lump sum
Closing can take days instead of weeks
In addition to the benefits, there are also risks inherent with creative finance that are not found in conventional lending. For this reason, it is critical that both the buyer and the seller understand the beneficial reasons for which they are taking on these risks, as well as have a clear understanding of the risks themselves. For example, what happens if a buyer stops making payments to the seller? In some types of seller finance the seller may foreclose, and in others this may take more time and reclaming the property could require a judicial court. Another example: what if the lien holding bank finds out and is not happy with the arrangement? In this case, the lienholder may call the note "due" within a short time. While extremely uncommon, this is an inherent risk that must be understood and prepared for in advance. One final example: What if aliens abduct the seller and his or her heirs are not happy with the agreement? There are also several steps to address this matter and ensure the buyer is protected. For all the risks that arise, there are steps that can be taken to mitigate the risks. For this reason, it is critical that an experienced and reputable title company and/or real estate attorney assist with these transactions. Here at Wasatch Equity Group and Kelly Right Real Estate, we have relationships with some of the best and most renouned title partners in the Nation working on creative finance, including GT Title and Title One. If We would love to meet with you to discuss the pros and cons for both
Questions?
Call 949.326.4087
justin@wasatchequitygroup.com