Welcome or Register

Thank you for visiting today. If this is your first visit, take your time and look around. We have plenty of information and resources available to you. If you are a return visitor, thank you. We would love to hear from you and tell you how We can serve all your real estate needs.

Back to Table of Contents

Creative Financing

Creative financing: You’ve heard of it, and, as a seller, the idea sounds pretty attractive. But, do you know everything you need to know about carrying back a second; essentially, about becoming a lender? You better know the same things that financial institutions know - you better know about lender’s title insurance.

It’s time to sell your $150,000 home, a home that you have owned for fifteen years, a home in which you have substantial equity. The loan terms call for a $20,000 down payment from your buyer, a new $100,000 loan from a local savings and loan, and for you, the seller, to carry back a note for the remaining $30,000.

Will you, the seller, need title insurance?

Yes, you will. Everyone who retains an interest in the property needs title insurance. When you took on the role of lender, you retained a record title interest which you will want to protect for the term of the loan.

But, why would you need lender’s title insurance when the repayment of your loan is assured by a lien in the form of a recorded deed of trust against the property? What could possibly go wrong?

You must insure yourself for the same reason that financial institutions obtain title insurance - for the protection of your investment. You must be assured that your lien on the property cannot be defeated by a prior lien or other interest in the property, which, if exercised, would wipe out your security.

Anything that involves the new buyer’s ownership rights to the property is of direct interest to you because you are holding the second mortgage. If such ownership rights are in question or defective, you may have trouble collecting your monthly mortgage payments. But, you say, there is nothing in your property’s history that could cause problems: no problems with easements, no problems with boundaries, no problems with rights-of-way.

Contrary to what may be popular belief, these matters are not the only source of title problems; a large proportion of title problems arise out of man’s interaction with man. The fact of a marriage, a divorce, a death, a forgery, a judgment for money damages, a failure to pay state or federal taxes - these occurrences can and usually will affect your rights as a mortgage lender.

As an example of what can befall the lender, did you know that a federal tax lien recorded against your buyer before the loan transaction is concluded may result in the loss of security in your home? Sophisticated mortgage lenders are aware of this possibility as well as many others which could jeopardize their loan security and seek the protection afforded by a lender’s title insurance policy.

If you are considering carrying back a second, be sure to get all the facts regarding the benefits of lender’s title insurance. Your local title insurance company should be happy to provide the information you need.

Article by CLTA

Back to Table of Contents

Testimonials Page

Melissa Oliver was such a delight to work with, she had such a great energy and realism about her. And she walked us through the process every step of the way. And always had our best interest at heart. We trusted her advise and insight she really know what its all about. We are so glad she was there for us and would use her again if needed. Mimi Rajnak
What a great buying experience!! Melissa and the "O" team were amazing and we can't give them enough praise for their efforts. They were very quick to respond to our needs and were on top of the process the whole way. We found the home of our dreams and we have the "O" team to thank!! Visit their office, you wont be disappointed. Josh R.
Melissa is a Real Estate professional serving the Mother Lode Communities with top quality service and expertise. Her understanding of the local market is second to none and her ability to help buyers and sellers both is outstanding. Thanks you Melissa, for being a part of my experience. Rick Daniel
Definitely recommend Melissa and her team..great real estate agent!!! Sylvie Williams
Melissa has come though for me in all my real estate needs..Always going far beyond my expectations!!! She knows the area like the back of her hand...Should be anyones first choice here in the Motherlode! John Chiarpotti
Very knowledgeable and experienced. Would strongly recommend her to anyone with any real estate needs. Hands down the best Realtor in the county! Jacob Ramsey
View All
Real Estate Websites by iHOUSEweb iconiHOUSEweb | Admin Menu