Land Contracts and trusts - Posted by sara

Posted by Barney on May 03, 2000 at 07:24:43:

I know for sure that if the property has a V.A. insured loan in the beginning that if the payments are not made in the futuer, they will forclose. It will not matter about trusts, corp. or whatever. The V.A. will forclose on the original purchaser.
Now if the original purchaser is angry about this, and I bet he will be; he is likely to tell the V.A. to go get screwed (wrong approach). The V.A. will usually take a deed in leu of forclosure, and this would be the best way to go for the original seller. This would have some effect on the original sellers credit report (not too serious). But in the case where the original seller will not respond to the V.A. they will do the usual forclosure. Let the house sit for 1-2 years and then sell it for a lot less than it used to be worth, then add some costs (a lot) for paperwork, management, and general government inefficency to come up with a nice number from out of the blue. Then they will sue the original seller for that amount plus legal fees. They will win the suit and get a deficiency judgement against the original seller, and no the original seller cannot step in and get the house back to remedy the situation. This is a government insured loan and solutions are out of the question. Now when (not if ) the government will dog the original purchaser to death, or almost. They will grab tax refunds, and they will not let a month go by without a lot of mail from them and a collection agency or two that they use.
This will go on until the original purchaser either dies, files bankruptcy, or in my case for TEN YEARS to the day. Ten years is a long long time.
The original purchaser really needs to have this information.

Land Contracts and trusts - Posted by sara

Posted by sara on May 02, 2000 at 23:54:48:

Is it true that selling via land contract that is in a trust protects the property from having liens attached due to judgements against the seller? Also any tips from experience from a sellers point of view would be appreciated.

Re: Land Contracts and trusts - Posted by B.L.Renfrow

Posted by B.L.Renfrow on May 03, 2000 at 08:18:42:

Yes. If the property is held in a title-holding land trust, liens cannot attach as a result of judgments against the seller. This is one of the major advantages of the land trust.

Note however, as I guess the post below is attempting to point out, that since the loan (assuming there is one) is still in the original seller’s name, nothing prevents the lender from foreclosing if the loan defaults.

Brian (NY)