Professional Documents
Culture Documents
ACTS 2011
Find out how to get out from under double mortgage payments or a mortgage you cant afford: 1) Dont throw all your time and effort into a house that will inevitably destroy your retirement funds; or 2) lose sleep over a house that you could lose to the bank no matter what you do. Call us NOW at (904) 748-9222 we may have the answers youve been looking
Misty Oakes, LLC 7749 Normandy Blvd #145-213 Phone: (904) 748-9222 Fax: (888) 538-6790
for so you can get back to a normal life! We can show you how to get out from under that overburden sum, over leveraged, house even in this WEAK Economy and when Realtors cannot!
Dont get trapped into thinking there is only one way to sell your house in this market. Get the answers you need NOW!
IMPORTANT NOTICE:
WE ARE NOT ASSOCIATED WITH THE GOVERNMENT AND OUR SERVICE IS NOT APPROVED BY THE GOVERNMENT OR YOUR LENDER. YOU MAY STOP DOING BUSINESS WITH US AT ANY TIME!
YOU DO NOT HAVE TO PAY US AND WE DO NOT CHARGE A FEE FOR OUR SERVICES. IF YOU ACCEPT THIS OFFER YOU WILL HAVE TO PAY US ZERO DOLLARS ($0.0) FOR OUR SERVICES.
SEE PAGE 14 FOR DISCLAIMER. THIS MANUAL SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. LEGAL AND FINANCIAL SHOULD COME FROM A PROFESSIONAL THAT HAS A PROPER DEGREE IN THAT FIELD.
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Who we are
We are a nationwide group of Investors who have specialized training and knowledge in helping Sellers sell their properties when all other avenues have been exhausted. Our ACTS Program is just one of the ways we can assist you in selling in any kind of market. An up market or a down market does not affect our ability to help Sellers move their properties.
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Seller just wants out and just wants to get the mortgage payment off their backs. SOLUTION: We would then Option to purchase house with a Lease/Option for the balance owed to lender and the remainder of the terms of the mortgage. We then go to work and find that Buyer who is wanting a property like yours and is willing to take over the Option Contract and Close with you. The Buyer would make a lease payment to you, the Bank, or to an escrow account setup to pay the mortgage equal to your PITI on the property every month. The Buyer then has the right to buy the property for the amount owed to the lender whenever they decide to purchase the property. This could be in a year, 5, 10, 20 or even at the end of the 25 years that are remaining on the underlying loan. Q: What are the benefits of doing an ACTS Program with us? A: With giving us TERMS we are able to move the property usually within weeks, not months or longer with a Realtor. This technique works great with properties with little, no, or sometimes with a little negative equity. If you listed, marketed and sold today with a Realtor, there is a good chance you would have to bring CASH to the closing to sell your home. We eliminate that and move that closing into the future when, hopefully, several things will play into your favor: 1) you can plan on that closing and be more prepared 2) the housing values will have increased and 3) your mortgage payoff will be lowered and will cover your loan balance. NOTE: In this market you have few choices you either keep paying on a mortgage you may not be able to afford or go into foreclosure and lose the house to the bank. This Program eliminates paying for an unwanted mortgage by finding someone else that is in love with your house and is willing to make the required payments all-the-while knowing that the house will be theirs one day. The Buyer will enter into a Lease/Option with you. This is a HYBRID Lease/Option, so no need to worry about being a Landlord. All repairs and maintenance are passed onto the Buyer all you have to do is collect the lease payment and pass it onto your lender every month to make your loan payments. When it comes time to close with the Buyer it usually happened within weeks not months like Bank closings and as we are constantly adding to your VIP Buyers list the closing period will become more consistent. Remember; 80% of all buyers cannot buy a home with a Conventional Bank/Lender because they do not qualify under the stricter underwriting guidelines and tighter credit criteria! With ACTS we are giving the Sellers and Buyers an alternative to their home buying and selling dilemmas across America! Q: What are the most common concerns about doing ACTS Program Deals? You will still own the property and the loan. Someone else will be making the payment s and be taking care of the property for you. The Tenant/Buyer could default. The Buyers are ALL prescreened! Our goal is to set the Buyers and the Sellers up for SUCCESS! Things in life do not always happen the way we plan and sometimes the Buyer will for some reason not be able to move forward and make the lease payments. The beauty of using the Lease/Option is that if this does happen and the Buyer does not leave on their own the Seller just has to evict them. This is a lot less involved than foreclosure, which could take a lot of money and time. Again, the Buyer will be paying rent to pay-off your loan with an Option that at a later date they will purchase the house. In many situations Sellers have few alternative to selling their house they come out of pocket (Cash to Close) when closing conventionally or continue to make
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payments on a house they do not want or maybe do not even live in and maybe vacant; the only other alternatives would be to try a Short Sale or allow the house to go into default and be foreclosed on by the Lender. By far, ACTS is your best alternative. In todays Real Estate Market and in this economy there is an overabundance of cheap houses. Buyers want to buy houses pennies on the dollar and will sometimes settle on a house that is bank owned (REO) down the street that is half the cost of a house they just looked at because of the deal they are getting. A Program like ACTS can change the playing field! No longer do Buyers have to settle for Banks when they can buy a house under TERMS and No Bank Qualify! That is why ACTS works so well! Q: What does it cost the Seller? A: Usually, the only fee is the document preparation fees the attorney charges and is usually a very nominal fee. Once the Buyer exercises the Option to the buy part of the Lease/Option, the will be a formal closing at an attorneys office to transfer title. At that time the Seller will have their normal and customary closing costs. It is recommended that you save up for this so it is easier to pay when the time comes. These costs usually are about 3% of the market value at time of purchase or less (State, County, title and attorney fees) and are unavoidable. Q: I like what Im hearing about the ACTS Program, what do we do next? A: If you have any questions, please ask! We want you to be a fully prepared Seller. Our Acquisition Specialist will have the documents for the Option Contract prepared and will make arrangements to meet with you to get them signed. We will then offer the Contract to our VIP Buyers List and find the Tenant/Buyer that will work best for your property. When the Tenant/Buyer is found, we will have the attorney contact you and the Tenant/Buyer to schedule the signing of the contract closing. You will then need to change your homeowners insurance policy from an Owner/Occupant policy to a landlord policy. The Tenant/Buyer takes over the property and thats it. Q: What documents are needed for an ACTS deal? Most recent mortgage statement on the underlying loan(s). We will need the loan documents to see exactly what kind of loan you have and the terms of the loan. (Remember ACTS is an Assigning Contract Terms deal.) If you have a survey of the house done at the time of purchase we will need a copy. You will have to fill out a Sellers Property Disclosure form telling us everything you know about the property. All Real Estate transactions require this form to be filled out! We will do a title search on the property to determine clear title. Bring in any additional documents that may be required by the Buyer or Attorney.
Q: What about my credit? A: Well, if you were it default on the loan it would have a negative effect on your credit! However, with the ACTS Program you will have the Lease payment to make your loan payments every month thus having a positive effect on your credit. Q: How long can I stay in the house? A: You can stay until the closing with the Tenant/Buyer. At that time you will have to move out and the Tenant/Buyer moves in.
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Q: How do I make sure the payments are made to the lender? A: The Tenant/Buyer makes the RENT payment to you the Seller. The Seller is to then pay the Lender, Taxes and Insurance and is then required to provide proof that the payments are made to the Tenant/Buyer. Of course you could always contract with a property management company to handle these details for a nominal fee (usually 10%). Q: What if the Tenant/Buyer quits making payments? A: you can ask them to leave, or evict them if necessary. This is not a very lengthy process. Then call us and we will then be happy to repeat the process and find another Lease/Buyer for your house. Q: Can I make money on the deal? A: In most cases the answer is NO. There is usually little, no or negative equity for the Seller to make. If there is some equity that we agree to pay, we can do that with a Seller held second mortgage. Q: So what am I going to have to pay for? A: Typically, the document preparation fee to the attorney for the Lease/Option documents with the Tenant/Buyer and then the Seller closing costs when the Tenant/Buyer exercises their Option to Purchase and buys the property. That is all, you pay us nothing. Q: What if they damage the property? A: The Lease/Option gives them the property to treat as their own, which should gives them some Pride of Ownership so they treat the property better than a renter would. They are also under the contract not to do damage which gives you a remedy through an attorney to go after damages. Dont forget you will also have landlord insurance on the property that comes into play when there are damages. Last but not least, when you come back to us to re-Lease/Option the property out again to a new Tenant/Buyer we can do it as-is. Remember we sell TERMS. Q: What if I consider declaring Bankruptcy? What then? A: The documents that you sign with the Tenant/Buyer exclude the property from any bankruptcy. It cannot be included in any bankruptcy proceedings. This is to protect you and the Tenant/Buyers. Q: What about interest deductions on your loan? A: You will still be making the payments on this mortgage thus, the 1098 Interest Statement that the lender sends out every year will be sent to you to claim. Q: Can I still buy another property while I own this one? A: Everyones credit worthiness is different so this will be up to the new lender when you apply for another loan. Many people, investors included, have numerous loans on real property. Just explain to your loan officer that you are renting out the property and you have income to offset the loan. This could help in their determination. Dont forget you can always look at what properties we have available in our ACTS Program thereby you become a Lease/Option Tenant/Buyer taking advantage of the ACTS program as the Buyer.
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Q: What if my neighbors find out? A: That is up to you. We will want to put up a For Sale Buy Owner sign in your yard to help us move it, but the house will remain in your name until the new Buyer exercises their Option to buy your house in the future you just wont be living in it. Q: What if my property is listed with a Realtor? A: We will not work with properties that under contract with Realtors. If they fail to sell your home then let the listing expire and or if you wish Cancel the listing and call us. At that time we may be able to help move your house.
It further provided that operation of the clause and all rights and remedies under it shall be governed by the terms of the contract.2 Nonetheless, the section is quite clear that it encourages lenders to allow assumption agreements and does not in anyway, prohibit them3.
1 2
Garn Act, Supra Note 1, 341(b) (Codified at 12 USC 1701j-3(b) (1982)). Id. 341(b)(2) (Codified at 12 USC 1701j-3(b)(2) (1982)). 3 WESTERN NEW ENGLAND LAW REVIEW [Vol. 6:127] page 141-142
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To state it simply; a violation of the due-on-sale clause is not against the law, or criminal! All that is stated is that It gives the lender the Option OR choice to accelerate the loan. While we cannot guarantee the lender will not call the loan due, our experience in the past has shown that lenders do not seem to notice or care so long as the Buyer keeps the payments current. Today, interest rates remain at an all time low!! If the lender accelerates the loan, it would lose money in that they can't get a higher rate for a mortgage so there is no financial incentive to force a refinance. In an environment where lenders are drowning in foreclosures, and an inventory of bank owned (REO) houses not yet put on the market it would be foolish to call a paying loan due! We find there are a large number of Buyers and Sellers willing, if not anxious, to take this chance. Putting the Due-on-Sale Clause aside, here are some of the Advantages and Disadvantages of using a Contract for Deed:
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mortgage lender will evaluate the applications and we will collect a reasonable down payment to qualify our Buyers.
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AS ALWAYS: You could consult a Real Estate Attorney when dealing with the purchase or sale of Real Property. The law firm of Bernard Law has handled hundreds of Real Estate Deals of all kinds and can assist if needed.
Costs to Close
The total closing costs are less than a new loan because there are:
no lender junk fees,($250 or more) no appraisal fee ($300 or more) no points or origination fees, (1% or more) no underwriting fees, ($350 or more) no lender document review fees, ($350 or more) no duplicate recording fees for a Deed and Deed of Trust ($3.33 per thousand) no survey required ($300 or more)
On a typical $250,000 sale, the fees for a new loan might total a little over $5,000. The attorney fees and escrow agent fees for an Assign Contract Terms deal would be less than half that
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amount, $995 per side. Other closing costs including title search, title insurance, settlement, and recording fees remain the same as a regular closing. Not only does a Contract for Assign Contract Terms deal save money, you can settle quickly because there is no loan application or appraisal. Instead of a month to close, it usually takes only a week for the title search and to gather the loan and escrow balance information.
How Do I Do It?
CAVEAT The information presented here is for general information and should not be construed as legal advice. The methods and documents discussed are used by some Firms, but we cannot vouch for the laws of other states or documents prepared by others. Beware of using on-line forms as each transaction is unique and requires the expertise of an experienced attorney. Prepare a Sales Contract adding the Seller Financing Addendum. In paragraph A. TYPE OF FINANCING" Cross out "First Second Third Deed of Trust" and substitute wrap around Contract for Deed. Whichever has been agreed upon. Fill in the payment terms in paragraph B "LOAN TERMS" If the loan is adjustable, be sure to spell out the terms of any adjustments. Then, complete the remainder of the form. If needed, add a contingency This Contract is contingent upon the parties receiving an explanation of the Lease Option or Contract for Deed financing from an attorney of their choice. This contract shall be null and void if this contingency is not removed by 6PM on (date). Allow five days to be safe. Then, call our office at (904) 748-9222. We will fax or email the appropriate Contracts, Addendums and Disclosure.
Who to Call
Misty Oakes, LLC uses Bernard Law. They specialize in real estate closings, title insurance and contracts. Their title and escrow company is a full service title and settlement agency offering escrow services, title searches and title insurance. They provide professional real estate closings throughout and are conveniently located off I-95 at the Dunn Ave exit going towards Anheiser Bush Drive.
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WORK WITH THE BUYERS AND: Show the property to prospective buyers. If property is vacant we sometimes lockbox the property so prospective Buyers can view the property at their own convenience after notifying our office. Provide this brochure to the Buyer. Make arrangements with the attorney for Buyer to meet for closing. WE WORK CLOSELY WITH OUR ATTORNEYS FOR THE CLOSING: We provide information to the attorneys that we have gathered from Seller and Buyer. We work to coordinate the closing with the attorney, Seller and Buyer.
WHO ARE YOUR BUYERS? Our typical buyers are people that want to own a home, but for credit issues, or not enough down payment money, cannot qualify with a Lender. We also have investors looking for properties for they are limited as to how many loans they can qualify for. Some are self-employed and may have a problem qualifying for a new loan as the Lender criteria for a mortgage is sometimes is so tight that even with great income they wont qualify. Another thing that is causing our pool of Buyers to grow is the economy and the Banks. Banks have a lot of money, but they are not lending! They have tightened up their lending requirements so much that only 20% of the Buyers can actually qualify to receive a loan.
OKAY, YOU WANT TO CONTINUE WITH DOING ACTS ON YOUR HOUSE SO YOU CAN GET ON WITH YOUR LIFE. WHAT DO YOU DO NOW AND HOW LONG WILL IT TAKE?
From past experience, these types of deals usually take about twelve (12) weeks and usually close a lot sooner. Our success rate is very good in finding a Tenant/Buyer, but we cannot guarantee we will be successful. Rest assured we will do everything we can to find them. We market the properties, but we sell TERMS. To submit your property for us to review for the ACTS Program please call (904) 748-9222 or email us at robertbuyshousesnow@gmail.com and we will have someone get back to you to answer all your questions. You can also log onto www.moi-now.com for more information and other programs we have available.
Misty Oakes, LLC 7749 Normandy Blvd #145-213 Jacksonville, Florida 32221 Phone: (904) 748-9222 Fax: (888) 538-6790 robertbuyshousesnow@gmail.com www.moi-now.com
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DISCLAIMER
Assume you own the home and are transferring ownership. Although, not illegal you are breaching your contract with the lender. The lender HAS THE OPTION, BUT NOT THE OBLIGATION TO CALL THE NOTE. The buyer occupies the premises and in certain cases takes title, and in all cases makes back payments. Your name remains on the loan until a purchase is affected during the option period. If the buyer defaults, the lender can foreclose on YOU since the mortgage is still in your name. IT IS IMPORTANT TO NOTE THAT LENDERS CAN ACCELERATE A NOTE FOR OTHER REASONS, INCLUDING SIGNING A LEASE ON A PROPERTY FOR MORE THAN THREE (3) YEARS, LEAVING THE HOME VACANT OR OTHERWISE NEGLECTING TO PROTECT THE HOME! We are not a loan modification company and DO NOT offer loan modification services or FOR FEE foreclosure avoidance services. We do not advocate the use of loan modification services because of their very low success and very low customer satisfaction rates. The information presented herein is for general education purposes only and is not intended to apply to any given situation. It is not to be considered as legal or accounting advice, and no warranties of its correctness or legality expressed or implied are made herein. We do not believe that the services we offer constitute Mortgage Assistance Relief Services (MARS) as that term is defined in the laws and regulations, however, in the abundance of caution, the following disclosures under the Act are given:
IMPORTANT NOTICE:
WE ARE NOT ASSOCIATED WITH THE GOVERNMENT AND OUR SERVICE IS NOT APPROVED BY THE GOVERNMENT OR YOUR LENDER. YOU MAY STOP DOING BUSINESS WITH US AT ANY TIME!
YOU DO NOT HAVE TO PAY US AND WE DO NOT CHARGE A FEE FOR OUR SERVICES. IF YOU ACCEPT THIS OFFER YOU WILL HAVE TO PAY US ZERO DOLLARS ($0.0) FOR OUR SERVICES.
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Misty Oakes, LLC 7749 Normandy Blvd #145-213 Jacksonville, Florida 32221 (C) (904) 859-4897 (F) (888) 538-6790 www.moi-now.com robertbuyshousesnow@gmail.com
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