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In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.
A contract for deed is a private agreement between a landowner (a seller) and a buyer that allows the buyer to purchase land over time without a traditional bank mortgage loan. Generally, the buyer agrees to pay for the land through a series of installment payments made over a number of years.
The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.
Contract termination: If you fall behind on payments, the contract can be terminated and you will lose whatever equity was previously built. Payment loss: if the seller has a mortgage and defaults on their payments, you may lose the property even though your own payments to the seller are current.
Contract for deed is a contract for the sale of land which provides that the buyer will acquire possession of the land immediately and pay the purchase price in installments over a period of time, but the seller will retain legal title until all payments are made.
Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.
The law says that a person buying a property on a contract for deed acquires a legal interest in the property that can only be terminated through the foreclosure process.