Contracts for Deed - Owner Financing in its Simplest Form

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Contributed by:
Ron Bowman
Bowman Law Office, P.A.
501 3rd Street, Suite 101
International Falls, MN 56649
bowman@northwinds.net

Contracts for Deed are a form of owner financing of real estate.  An owner and a buyer enter into a contract in which the owner agrees to give the buyer a deed after the buyer pays the owner a certain amount of money.  Usually the contract requires the buyer to make payments over time with interest payable on the unpaid balance.  After the buyer pays all of the payments called for under the contract, the owner gives the buyer a deed to the property.

During the term of the contract for deed, the buyer is entitled to possession of the real estate and is required to keep the property insured and pay the real estate taxes.

The primary advantage of a contract for deed for a buyer is that closing costs are usually low.  The primary disadvantage to a buyer is that in the event the buyer has later financial problems, the process of foreclosure (or cancellation of a contract for deed) is very short.  Usually a buyer has only 60 days to cure a contract for deed default in order to keep the property.  For a conventional mortgage, that time is usually at least 6 months.  When a contract for deed is cancelled, the buyer loses the real estate and all money paid on the property to that point.

The primary advantage of a contract for deed to a seller is that the seller may gain interest income on the real estate.  In addition, in times when interest rates are high for conventional financing, a seller may be able to offer credit terms to the buyer that a conventional lender may be unwilling to offer thereby increasing the market value or, at least, the potential sale price of a piece of property.  The primary disadvantage to a seller is the risk that the buyer may default and that the seller may be forced to repossess the property after it has depreciated in value.  The best protection to a seller is the down payment.  The higher the down payment, the less likely a buyer will allow the seller to cancel the contract for deed and the less likely the property will depreciate below the balance owed to the seller.

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