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Hi. I’m Chip Waller. How often should you update your will? Well, the question is answered by saying when there’s been a change in circumstances: in the event that you have a death in your family, in the event that you relocate, in the event that there’s a birth in the family, grandchildren, or when you have sold property that you had left to someone in particular. So anytime there is a change in your circumstances, that’s the time to update your will.
I suggest that you review your will at least once a year in order to look at it to see if that’s what you wanted to say, and whether or not there have been any changes in circumstances since you’ve made out your will. If so, then give us a call and we’ll be glad to update your will.
In addition to your will, you might want to check in on whether or not you have a living will ,which says that you don’t want your life prolonged artificially; a healthcare surrogate, which is a healthcare power of attorney; a HIPAA waiver, which authorizes someone to make medical decisions for you if you’re unable to do so; and also a Durable Power of Attorney, which could be executed to help you in the event that you would lose your mental or physical capacity, and authorize someone else to transact business for you.
So if you have any questions about your will or any of your estate planning documents, give me a call at (727) 847-2288. Thank you.
Land contracts are not used in the State of Florida. A Land Contract is written in such a way that if the buyer of a property fails to pay, the contract is terminated and the sale is ended. This eliminates the need for the foreclosure process. Florida, however, is a Judicial Foreclosure state so land contracts cannot be used.
A lease is a landlord-tenant relationship wherein the tenant takes occupancy of the property and agrees to pay a designated monthly amount for a set period of time. In the case of a lease with option purchase, the seller agrees to sell the property to the buyer for a fixed purchase price during the term of the lease. Generally, a certain amount of the monthly rental payments can be applied toward the purchase price. The “option” refers to the buyer’s right to choose whether to purchase the property.
The advantage of a lease with option to purchase is that if the tenant fails to make payments, the buyer may pursue the eviction process rather than the foreclosure process, which takes much less time. In the case of owner financing, a lease with option to purchase is advisable if the buyer does not have a substantial amount of money for a down payment.
If you’re interested in arranging for owner financing as the buyer or seller of a property, please give us a call at (727) 847-2288.
An agreement for deed is a form of owner financing wherein the seller retains the title to the property and allows the buyer to take possession of the property. The seller provides equitable title, which means that the buyer has all the legal rights to the property except for legal title, which is held by the seller for the purposes of securing payment. However, Florida law treats an agreement for deed the same as a Note in Mortgage. Our law office generally does not use agreements for deed because there is no particular advantage over a Note in Mortgage.
If you have any questions about buying or selling a house, agreements for deed, notes in mortgage, or other related matters, please give us a call at (727) 847-2288.
Hi. I’m Chip Waller. I’m often asked about what is owner financing. Owner financing is whenever someone wishes to sell their real estate, and they’re going to act as the bank and hold the mortgage or note and provide financing for the purchaser so the purchaser does not have to go to a lending institution to borrow the money.
This is advantageous to the purchaser because they don’t have to have the closing costs that banks charge or go through the underwriting requirements. As far as the seller is concerned, they get a higher rate of interest than what they would on their investments. The difference as far as getting cash, of course, is that it’s not liquid and that is a downside to owner financing for the seller.
What goes into the owner financing is is how much of a down payment will you receive before you agree to hold the note in mortgage. This is usually a percentage. A rule of thumb is to ask at least 20 percent down as a down payment in cash, and then agree to possibly hold the other 80 percent. The more down payment you receive, the more secure you are.
In dealing with owner financing you want to really be satisfied that if you take back the real estate that you’re financing, it will to be worth what is owed to you. With this recent economic crash, as far as the real-estate market is concerned, no one could anticipate that the value of property would go down by as much as 50 or 60 percent. So the rule of thumb of 20 or 30 percent was not a very good rule if you financed property back in 2005 and 2006.
Another thing that you look at in owner financing is the interest rate. Usually at this time you’re looking anywhere around six, seven, eight percent. Even though borrowers say, “Well, I can go to the bank and get it for four or five,” if you go to the bank and get it for four or five you’ll have a lot more closing costs and a lot bigger hassle.
Then you also need to address how long you’re going to hold the note and mortgage, and that you can keep the payments small, Let’s say you agree to finance it for three years, then you can spread the payments out as if they were going to pay for 30 years, and at the end of three years they have what they call a balloon payment, and they must come up with all of the money, or if you agree to finance it, say, for 15 years, 10 years or 20 years, you can have a level payment called an amortized payment or amortization, and then you get an amortization schedule that goes along with your financing.
The other thing before agreeing to owner financing is that you need to understand what it’s going to take if the buyer fails to make the payments. You have to go through the mortgage foreclosure process, which takes time, which is probably six to nine months at a minimum. The cost is anywhere from $2,500.00 to $5,000.00 and up, depending on whether or not it is commercial property and if it’s contested.
So if you have any questions about owner financing, give me a call at 847-2288 and I’ll be glad to talk to you. Thank you.
