Illinois Installment Contract For Deed In Collin

State:
Multi-State
County:
Collin
Control #:
US-002WG
Format:
Word; 
Rich Text
Instant download

Description

A retail installment agreement is an agreement signed by the Purchaser involving a finance charge and providing for the sale of goods or services. Federal and some State Laws (Consumer Credit Protection Acts) require the disclosure of what the Purchaser is being charged for the credit he/she is receiving. These disclosures include such things as the amount being financed; finance charges; the annual percentage rate; and the number of payments and when due. However, such disclosures are usually only required when a person regularly extends consumer credit (e.g. more than 25 times in the preceding calendar year).



This form is for a casual seller who does not enter into such transactions on a regular basis. It can also be used in commercial transactions (e.g., credit that is not being extended primarily for personal, family, or household purposes).



The Purchaser in this form grants the Seller a security interest in the collateral being sold. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The Seller requires the Purchaser to secure the obligation with the personal property being purchased so that if the Purchaser does not pay as promised, the Purchaser can take the collateral back, sell it, and apply the proceeds against the unpaid obligation of the Purchaser.

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FAQ

Which provision could legally be placed in an Illinois installment contract? The answer is "Seller will retain legal title." A real estate sale can be made by a land contract, also called an installment contract. Under a typical land contract, the seller (or vendor) retains legal title.

Record (file) your contract for deed in the deed records of the county where the property is located. Once recorded, the contract is treated the same as warranty deed with a vendor's lien. If you get behind on payments, the seller must post, file, and serve notice of sale as a foreclosure before you can be removed.

(Hamilton v. Hubbard (1901) 134 Cal. 603.) As a fully executed contract, a deed is subject to the rules of law concerning contracts in general, except that consideration is not necessary for its validity.

You can sell a property with a land contract at any time. However, selling a home on a land contract while having an underlying contract may violate the agreement.

It`s important to note that in Illinois, a contract for deed must be recorded with the county recorder`s office within 10 days of execution. This protects both the buyer and seller, ensuring that the contract is legally binding and enforceable.

The main advantage of this type of transaction involves avoiding the usual costs associated with obtaining financing from a bank or other lender, such as closing costs and fees. However, it is easy for a contract for deed to go poorly and end up hurting the homebuyer financially.

Interest rates in contract for deed arrangements can vary depending on the negotiations between the buyer and seller, as well as prevailing market conditions. Typically, interest rates in contract for deed agreements range between 4% and 18%.

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Illinois Installment Contract For Deed In Collin