Welcome or Register

Find an Agent


view all

Thank you for visiting today. If this is your first visit, take your time and look around. We have plenty of information and resources available to you. If you are a return visitor, thank you. We would love to hear from you. We can serve all your real estate needs.

Back to Table of Contents

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

Back to Table of Contents

Testimonials Page

I was very selective in finding the right realty and realtor. ERA Kings Bay had outstanding reviews and GInny was an absolutely perfect fit in all the qualities we were looking for. We were treated like family and not as another client. Ginny was patient and made sure we found the perfect home. I thank ERA and Ginny for an exceptional experience. I will definitely recommend ERA Kings Bay and Ginny Jacobs.
Lori was amazing from the first meeting until the day of closing. She was very thorough in explaining the process and helped us every step of the way. Lori kept us informed and was very responsive when we had questions, Lori's knowledge and attention to detail is exceptional. We appreciate the way that Lori communicated and handled every step with her expertise. She made the whole process so easy for us! I would highly recommend Lori to friends and family and she will be my first call the next time I have any real estate needs.
In our opinion, Deborah is the perfect agent. She kept us well informed and responded to our calls in an expedient manner. She was a pleasure to work with and guided us throughout the entire process. We are looking forward too working with her in the future.
View All

© 2018 Kings Bay Realty, Inc. All rights reserved. ERA® and the ERA Logo are registered service marks owned by ERA Franchise Systems LLC. Kings Bay Realty, Inc. fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Each franchise is independently owned and operated. Any services or products provided by independently owned and operated franchisees are not provided by, affiliated with or related to ERA Franchise Systems LLC nor any of its affiliated companies.

Real Estate Websites by iHOUSEweb iconiHOUSEweb | Admin Menu