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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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SALLIE CHESTER, REALTOR®
EXIT Real Estate Consultants
5175 Sunset Blvd, Ste 3
Lexington, SC 29072
Phone: 803-707-8595
Fax:  803-358-0889
Email: salliechester@exitrec.com

Client Testimonials

We recently purchased a house in Harbour Watch, that we absolutely love, through Sallie Chester.  Our relationship with Sallie began with a get to know each other phone call where trust was soon established.  We then made the trip from Virginia to South Carolina to meet Sallie in person, and she showed us several lots and houses that weekend, one of which we ended up purchasing.  The purchase took longer than anticipated because it was initially contingent on the sale of our house in VA.  Sallie was extremely patient and responsive to all of our needs throughout the entire process.  Sallie is honest, hardworking and provides excellent customer service.  We highly recommend using her services. Ann and Barry N. ~February 2019
Sallie Chester was everything we could have hoped for in the sale of our house; very knowledgeable with good advice and with such a friendly attitude. I would highly recommend Sallie to anyone who is seriously wanting to sell or buy property on Lake Murray. Shirley and David S. ~February 2019
What a positive experience working with Sallie to sell our lake home!  She was kind, hard working, kept us informed, a problem solver and great person.  I would highly recommend her!! L. Davis ~ Nov, 2018
We started looking around the Lake Murray area in October of 2017 with very little information about the area as far as neighborhoods went. We were referred by a friend to Sallie Chester after starting with another REALTOR. Sallie was very knowledgeable and knew the lake well.  She was professional and absolutely one of the nicest people we’ve been around. After one year of looking, we found the perfect home for us; it was exactly what we wanted. Sallie was never pushy or impatient; she was willing to meet us anytime we needed, usually on a quick notice. What a blessing it was to find her! Thank you Sallie. Keith and Dawn B ~ Nov, 2018
“We enjoyed working with Sallie!  She was fair and honest with us and really knows the area. She has a nice and professional attitude which made the process easy!” Dave and Tamara M ~ Nov, 2018
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