Sellers beware of our creative financing red flag alert. We have seen more creative financing offers in 2024 than any year I can remember, and we’re only 5 months into the year.
The scary thing is, many of these offers occur before the seller speaks with an attorney or their real estate agent, and they are taking some of these offers. These investor/wholesalers are not required to be licensed, so they can offer you anything they like. It is up to you to determine if it is legal and meets the terms of your existing mortgage.
An inexperienced real estate agent might fall for some of these scams. The calls I’ve received sound convincing, until you understand the mortgage clauses and how they work. The wholesaler will argue with us that we don’t know what we’re talking about and ask how have they been able to successfully do this in Florida many other times. Just because they’ve been done it before doesn’t mean it’s a good deal for a seller.
Creative Financing Red Flag Alert
Most mortgages contain a due on sale clause. This means that upon sale, the mortgage must be satisfied, or it will be called due and payable. The exceptions to this tend to be a divorce, separation, or inheritance. Selling to a third party would trigger this clause.
Subject To
The wholesaler wants to assume the loan without going through a pre-qualification process to assume it. In other words, they will not be on the hook for that loan if they do not pay. Most loans are not assumable anyway, but if one is, the wholesaler is not asking to assume it. They want to purchase it subject to. The buyer would agree to pay your mortgage company, and have the deed transferred into their name. So now you still have a debt against you in your name, and no property. As the seller you may not have the right to foreclose if they choose not to pay your loan in the future. Good deal for them, bad deal for you.
Crazy Offers
We’ve seen some crazy offers. Some are 50-70% of value. Others are 100% of list price, but you turn your property over to them and let them market or lease your home. Who knows who would pay the mortgage. Still other offers include an assignable contract with the right to market your home. In this case, you agree to an amount less than market value, and you agree to stop marketing or offering it for sale. They attempt to sell to somebody for a higher price and keep the difference.
As a seller, why wouldn’t you market the property and keep the difference?
Direct to Sellers
If they can reach a seller before they list with an agent, they know they have a much greater chance of convincing the seller this is all on the up & up. I called an attorney on one offer who said check with the current mortgage and see if they would allow a subject to. The answer came back, No! The loan company would call that loan due and payable, and the seller would be out a house and have a foreclosure on their record.
Creative Marketing
The wholesalers get creative with their marketing. They promise to buy your home with no commissions, and they’ll pay your closing costs. You can move out and have your home sold in 30 days without showing it. It sounds like a pretty good deal, until you realize it could ruin your life. In a best-case scenario, if they do perform, you could lose tens of thousands of dollars.
We’re not saying every offer is a scam. Each offer should be evaluated by an attorney and verified with your mortgage company. What we are saying is be careful. Sometimes the easy button makes your life complicated.
Thinking of Selling?
Always Call the Ellis Team at Keller Williams Realty 239-310-6500. Protect your asset and maximize your home sale. Our marketing is the key to selling for Top Dollar and Fast! Our integrity and honesty are the keys to making sure your sale is safe.
Good luck, and Happy Selling!
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