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Tips for Home Sellers to Minimize Their Risk in Lease-to-Own Transactions

The economic downturn in the housing market over the past 5 years has driven up the number of sellers willing to consider leasing out their homes with an option to sell.  This can be a wise move in the right situation but sellers need to make sure they take steps to minimize their risk in these transactions.

Rent to OwnDemand an Option Fee Up Front

For the duration of the lease the seller of the home cannot market the home to would-be buyers.  This time period could be as short as one year or as long as three years depending on the renter’s financial condition.  Sellers should demand an option fee up front.  This fee can be applied to the purchase if the renter indeed manages to arrange financing at the end of the lease.  However, if the renter decides to pursue another home, they forfeit the fee.  This fee is usually in the range of 3% to 5% of the agreed purchase price in order to ensure the buyer is committed to the purchase.

Protect Against Appreciation

Once again, going back to the fact that the seller is not able to market the home while it is under a lease contract, it is possible the home could appreciate greatly in value.  It is wise for most sellers to add at least 5% to the current market price of the home when writing out the lease-to-own contract to help the seller reduce their possible loss.  At the same time, the buyer is getting a price on the home, in writing, for a future date.  This is a big plus for the buyer since they now know the price cannot rise.

Work Out a Contract for Maintenance and Repairs

In order to give the buyers the sense of actually owning the home, sellers can ask buyers to sign a contract that spells out responsibilities for maintenance and repairs.  Obviously, most renters will not be inclined to pay for major repairs such as a roof replacement or installing a new heating and air conditioning system.  But the seller may want to enforce a policy that lawn maintenance, modest repairs for plumbing and electrical needs, and other such items are the responsibility of the buyer.  This can help the buyer budget for future repairs and also help them decide if they are financially ready to purchase a home.

Carrying Additional Insurance

While the buyer/renter is in the home as a tenant sellers will require proof of renters insurance.  However, it is a good idea to carry an additional policy on their home beyond their current needs.  Catastrophic events such as tornadoes, fires and floods happen when we least expect them.  Nothing makes a tragedy worse than realizing there was not sufficient insurance coverage to handle the damage.

Many hopeful borrowers are in need of something beyond a traditional mortgage.  The lease-to-own model is a good way for sellers and buyers to reach their intended goals.  However, sellers need to be especially careful in these deals to make sure their interests are protected beyond merely the sale of the home.

Original Post - Rent-to-Own Minimizing Risks

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Loan Exit Option Program aka LEO Homtelos

There are so many great things to say about the Loan Exit Option program, I don't know where to begin. So I will start from the beginning. When I was initially approached to participate in the pilot of this program, my biggest concern was the stigma that word Short Sale have. Traditional short sales on average take 60 days before a negotiator is assigned to the file. Then an additional 60 days and multiple BPO's before an approval is rendered. By this time buyers are frustrated, sellers are discouraged and the property may or may not be on the chopping block to be sold on the court house steps. Good luck trying to get it postponed if you haven't been assigned a negotiator, and in some cases even when a neog is assigned the property still ends up being foreclosed. This is all too common and what many Realtors and homeowner associate with the word short sale.Having successfully sold five short-sales through the Loan Exit Option program, several short sales the traditional method, as well as with 3rd party negotiators; I can honestly say, Hometelos LEO is by far the most efficient and should be the only way short-sales are sold. On average, within 10 days of initial assignments these properties were placed active on the market with a conditional Settlement Letter on File. I'm 100% positive, marketing these properties as PRE-APPROVED Short Sales, as well as their exceptionally well maintained condition, were the reasons each and every one of them had multiple offers within the first 7 to 10 days on the market. Not only did they have multiple offers, but they all closed and qualified for buyers with FHA financing..Part of the home owner’s responsibility for participation in the program is that the property must be in marketable condition.One of my assigned properties was denied entry into the program until it was brought to a marketable condition by the owner. Within a week the owner brought the property to marketable condition and it was allowed to be placed into the program. This is similar to what REO Brokers refer to as Cash for Keys (CFK) with bank owned properties. The only difference is no cash is given to the owner or previous occupant. The incentive to the owner is they are being allowed to short sale their property instead of having it foreclosed (savings the bank thousands of dollars in fees that would be spent to foreclose, clean, maintain and evict, as well as, several thousand in declining home values that vacant homes are prone to.), and in cases when they are living in the property, they will be given a settlement for relocation upon sale. In a CFK situation the previous owner is given money regardless of the sale of the home, as long as it is left in broom swept condition.Unfortunately many REO (Bank Owned) properties will not qualify for FHA financing due to their inferior condition, and this results in properties selling for lower than what that would if they were in better condition. This is great for investors, and cash buyers that can make improvements, but terrible for comparable values and fist time FHA home buyers.As an experienced Realtor/Broker and REO broker, I can honestly say LEO will play a critical and role and be on the forefront on bringing about stabilizing and appreciating housing values across the nation. I don't know, nor have I heard of any other operation doing what we have already done with LEO. I'm looking forward to our recovery as we approach 2010 with Leo on the forefront. Lenders, Banks, Loss Mitigators, if you haven't got on the shuttle, you should hurry as we are counting down for take off.. You don't want to miss this shuttle!!For more information on Hometelos Leo visit www.hometelos.com www.code3realty.com www.firstpreston.com
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41 Charged in 5 Mortgage Fraud Cases by alissandria obrien of Preservation Monthly 06/24/2009 ....15 individual defendants and four businesses purchased distressed properties, including from the U.S. Department of Housing and Urban Development, and then resold them for fraudulently inflated prices approximately two to three times the purchase price..... Link to see the full article. http://www.preservationmonthly.com/story_2012.htm I have blogged on this over and over, each time, I get all kinds of hate mail and personal attacks but, as i have been saying since last year, when this started taking off in my area, it's fraud. by the way, I am not going to argue with anyone if it is or isn't.....I have contacted my local FBI office and was told that if anyone has a question about this process, they can call them directly and they will help you understand just why it's illegal.
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