The next generation of predatory lending
Contract For Deed – also known as an Installment Sale
Agreement, Seller-Financed Purchase Agreement, Land Contract or ‘Lease-to-Own’
Arrangement – is an alternative to traditional mortgage financing where the
seller of the property finances the sale, rather than a bank or third-party
lender.
When buying a home on a contract
for deed, the buyer agrees to a sales price and a monthly installment plan, and
a portion of the monthly payment is applied to the purchase amount. Only when all of the conditions of the
contract have been met does title to the property transfer from the original
seller to the new buyer.
The terms of a Contract for Deed can vary dramatically from one
agreement to the next and the payment may (or may not!) include principle, interest,
interest-only payments and, in most cases, a sizeable balloon payment with the
full amount of the outstanding balance due within a few years of starting the
contract.
Contract for Deed is being marketed as an alternative method
of homeownership for buyers with less-than-perfect credit as a way to bypass
the tougher credit standards of banks.
If Contract for Deed is the only way you can access homeownership – you
are NOT READY to be a homeowner. You
should work with a non-profit housing counselor to repair your credit, access
programs to save for a down payment, learn about governmental and
non-governmental programs that are available to help with costs and otherwise
get prepared for homeownership.
Here’s a sample Contract for Deed arrangement that is NOT
out of the ordinary:
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What is the buyer agreeing to?
- Original purchase price of $157,900
- ‘Down payment’ of $1,3000 – NOT applied to
principal
- Monthly payment of $1,300
- 10% of monthly payment goes toward principal ($130 mo / $1560 yr)
- Purchase price INCREASES 5% every year after the
second year
- The entire outstanding amount is due in four years (balloon payment)
What does this really mean?
- If this were a traditional mortgage (30 year, 5% Fixed Rate), the homebuyer would have a monthly payment of about $848.00
(Note: The monthly payment is HIGHER under the Contract for Deed!)
- If this were a traditional mortgage arrangement, the
homebuyer would have paid off over $10,000 of principal in the first four years
($10,290, to be exact), and would have just $147,610 left on the mortgage.
- Under the Contract… because the purchase price increases by
5% per year after the second year, the homebuyer actually owes $167,450! Almost $10,000 MORE than the original
purchase price!
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PLUS… As if negative amortization and/or paying too
much for a house wasn’t enough, Contracts for Deed have another series of
dangers for buyers:
- Seller retains title: Until the contract is fulfilled, the seller
retains title to the property and can, if they choose, continue to accumulate
debt/liens against the property.
- Repair obligations: the ‘buyer’ is responsible
for all maintenance, repairs and upkeep on the property.
- Foreclosure of seller’s mortgage: there are
little-to-no protections for ‘buyers’ if the ‘seller’ is unable to make THEIR
mortgage payment and loses the home to foreclosure. Any attempt to recoup sunk costs would be
expensive and mostly ineffective.
- Default payments: if the ‘buyer’ defaults on the
Contract payments, they have NONE of the protections that a buyer would have in
a traditional mortgage arrangement under foreclosure law. A default can result in a rapid eviction and
loss of any equity that may have accrued.
- Follow-up financing: The ‘buyer’ will have to
find traditional financing by the time the balloon payment comes due (“Entire
purchase price due” in the sample contract above). This means that the buyer must have improved
their credit to the point of being mortgage ready AND the property must also
meet the lenders guidelines.
- Property Taxes / Insurance: Unless the contract
states otherwise – and it more than likely won’t – the ‘buyer’ is responsible
for paying property taxes and maintaining adequate insurance on the property.
- Loss of First-Time Homebuyer Assistance: When
seeking financing to pay off the balloon/outstanding contract amount, the buyer
will not qualify for any grant or assistance funds that may be available to
low- to moderate-income buyers.
All-in-all, buying a home on Contract for Deed is a BAD idea
for buyers. Once again… if you think this
is your only route to homeownership… don’t be afraid to ask for help. There are non-profit housing and development
organizations that offer workshops, counseling and other programs to help
prepare you for homeownership. For a list of trustworthy organizations throughout the country, visit NeighborWorks America, here.
There are also a number of reasons why SELLING your home on a Contract for Deed is a bad idea... but that's a post for another day.
What's your opinion of Contracts for Deed? Let us know in the comments, below. THX!
UDPATE: This post was chosen to be included in the "Carnival of Personal Finance" hosted on 11/14/2011 by RetireBy40. THANK YOU!!