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Creative Financing

Creative financing: You’ve heard of it, and, as a seller, the idea sounds pretty attractive. But, do you know everything you need to know about carrying back a second; essentially, about becoming a lender? You better know the same things that financial institutions know - you better know about lender’s title insurance.

It’s time to sell your $150,000 home, a home that you have owned for fifteen years, a home in which you have substantial equity. The loan terms call for a $20,000 down payment from your buyer, a new $100,000 loan from a local savings and loan, and for you, the seller, to carry back a note for the remaining $30,000.

Will you, the seller, need title insurance?

Yes, you will. Everyone who retains an interest in the property needs title insurance. When you took on the role of lender, you retained a record title interest which you will want to protect for the term of the loan.

But, why would you need lender’s title insurance when the repayment of your loan is assured by a lien in the form of a recorded deed of trust against the property? What could possibly go wrong?

You must insure yourself for the same reason that financial institutions obtain title insurance - for the protection of your investment. You must be assured that your lien on the property cannot be defeated by a prior lien or other interest in the property, which, if exercised, would wipe out your security.

Anything that involves the new buyer’s ownership rights to the property is of direct interest to you because you are holding the second mortgage. If such ownership rights are in question or defective, you may have trouble collecting your monthly mortgage payments. But, you say, there is nothing in your property’s history that could cause problems: no problems with easements, no problems with boundaries, no problems with rights-of-way.

Contrary to what may be popular belief, these matters are not the only source of title problems; a large proportion of title problems arise out of man’s interaction with man. The fact of a marriage, a divorce, a death, a forgery, a judgment for money damages, a failure to pay state or federal taxes - these occurrences can and usually will affect your rights as a mortgage lender.

As an example of what can befall the lender, did you know that a federal tax lien recorded against your buyer before the loan transaction is concluded may result in the loss of security in your home? Sophisticated mortgage lenders are aware of this possibility as well as many others which could jeopardize their loan security and seek the protection afforded by a lender’s title insurance policy.

If you are considering carrying back a second, be sure to get all the facts regarding the benefits of lender’s title insurance. Your local title insurance company should be happy to provide the information you need.

Article by CLTA

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Testimonials Page

This property sale was very difficult to get accomplished. Mrs. Debbie Trey work many hours and months to get this sale done. I believe her dedication to this sale was second to none. I'm currently out of the country for my job but when I come back to Kings Bay and I'm looking for a home or land to purchase I will definitely seek out Mrs. Trey for I know she will not quit and that determination and dedication to her customers has left an impression on me forever. I highly recommend anyone looking for a home in southeast Ga to use Mrs. Trey she is defiantly an asset to the ERA team. Great Job! Very Satisfied Customer.
We have purchased a few homes over the years, and have not had much success in working with realtors until we met and worked with Ginny. Ginny has by far been the best realtor we have ever worked with. She kept us well informed of the status of the sale. She came through at closing when there was a glitch, thus allowing us to close on time. Ginny went above and beyond to make sure we made the purchase that was best for us. She told us about the new city we were moving to, such as the history things to do and see. Ginny made us feel welcome and excited about moving back to a smaller community. She is a keeper. Thank you to Ginny and your office for a great buying experience.
Ginny did a great job. She made sure we were aware of the status of the sale and was ready to jump in when there was a glitch at closing. Because of her actions we were able to close on time. Thanks so much. I would recommend her to friends and family.
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