Land Contract Remove US Currency Field For Free

As a type of specialty home financing, a land contract is similar to a mortgage. However, rather than borrowing money from a lender or bank to buy real estate, the buyer makes payments to the real estate owner, or seller, until the purchase price is paid in full.

In Indiana, pursuant to Skendzel v. Marshall, 301 N.E. 2d 641 (Ind. 1973), land contracts are to be treated as notes and mortgages, which require the prosecution of a foreclosure action and a foreclosure sale upon default as opposed to the remedy of forfeiture.

If a buyer defaults, the seller cannot simply take possession of the property, with the buyer losing all the payments already made. Instead, the seller must foreclose, sell the property, and pay to the buyer any proceeds from the sale in excess of the unpaid balance of the purchase price.

Define a land contract. A contract in which the seller finances the sale of real estate in installment payments from the buyer rather than financing through a third party lender.

Standard contingencies include things like a buyer's inspection of the house and satisfaction with the condition that the house is in. Contingencies such as these are often considered a matter of course and their presence within a purchase agreement will likely not be contested.

As discussed above, a purchase agreement should contain buyer and seller information, a legal description of the property, closing dates, earnest money deposit amounts, contingencies and other important information for the sale.

The advantages of a land contract to the buyer are that it provides an ownership interest in the real estate, which helps to quickly build equity in the property and good credit history. A major disadvantage is that the buyer is almost always responsible for structural and mechanical repairs to the house.

A big disadvantage for sellers who participate in a land contract is that they have to wait for the buyer to pay off the home over a certain number of years.A balloon payment might be included so that a buyer has to pay off the balance within a shorter amount of time.

Disadvantage #1: The title does not automatically pass to the purchaser in a land contract. Disadvantage #2: The seller could be held legally responsible for inspection issues with local or state authorities. Disadvantage #3: Forfeiture of a land contract by the purchaser is a fairly common occurrence.

One disadvantage of a contract for deed to the seller is that clearing the title may take time and money if the buyer defaults on the contract, according to Real Town. In addition, the seller can immediately foreclose on the property if the buyer defaults, and the buyer has no recourse against the seller.