Don’t Do MN Foreclosure Leasebacks

This article is written by Mario and agent that does specalize with mn short sale homes

Dont do the lease back for two reasons:

1) depending on your state laws it is sometimes very risk for the buyer

to do it and not come across as a preditor. I live in MN and we have

so many stupid laws to protect people but at the same time it is because

some people take advantage of and screw people that are already down

and out. In our state it is Very hard to do a foreclosure bailout

legally and usually not even worth it because they regulate how much you can

charge in interest and term and reapercussions and even how much more

you can sell it back to them for that it just takes the money out of it

and lets the seller/tenant walk all over you if they choose. Now

remember it’s not like someone is looking over your shoulder to make sure you

are doing it legally but at the same time all it takes is a

seller/tenant with a victom mentality to turn around and say that you were using

preditory tactics to steal their house and you have a mess on your

hands.

2)If they are that far behind right now with their BANK then why would

they hesitate to not pay you when they know you will make the mortgage

payment either way because it effects you. Now i am also not telling

you that the seller/tenant deliberately didnt make their mortgage payment

but there is a reason lenders look at credit reports… it shows thier

track history and the level of risk a lender is taking when giving

them a line of credit. You need to pay attention to the persons history.

if he is still in the same line of work and has no other form of income,

it is simply a matter of time before this person hits the same

financial situation again but this time you are the “bank” and you are the

jerk that has to evict them from their own house.

Lease backs are very risky and i have friends that did them for a while

and will never do them again because of the amount of times that

people they were trying to help turned around and screwed them and stayed in

the house as long as they could to make the situation even harder on

the investor.

Do it right and buy it outright from him and if you want to deal with a

tenant, put one in that has a good track record of paying thier bills.

that is y it is so important to ask them what their plan is if they

are not going to sell, because that is most likely their only option

besides foreclosure.

Ron did a longer more detailed article at this link for minnesota short sale

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Minnesota Short Sale Homes

This article comes from Mario, and agent, who has done a lot of mn short sale homes

The deed into the trust is not recorded until the day of closing. So although a deed transfers ownership rights (whether recorded or not) you cant transfer it twice. So when i am first getting docs
signed i do have them sign the deed and get it notarized but I dont record it until the day of closing. I have the closer record it with all the other docs she is overnighting to the county.
both the trust buying from the seller and end buyer buying from trust must happen on the same day. In order to avoid any confusion when the end buyer is getting financing lined up (because they will not see the name of the trust on title or tax records but will see the trustee on the
executed pa) i will tell the end buyers agent or the buyer that we have very RECENTLY deeded the property into a trust to avoid having liens put against the property before the closing and tell them that is why a
trustee executed the pa and is now in charge of managing the sale of the property. Although there is nothing wrong with it, if you have read any of my other posts you will know how I feel about this but, most agents dont understand real estate if it is not the most simple structure
and a lot of advanced investors dont even understand trusts so you want to keep things as simple to understand as possible for them to avoid confusion and having to over explain everything for an hour.
This is probably the most confusing part for people because they are used to hearing about “subject to” deals where they walk away with a deed and go to record it and then can go sell it when ever they want. Its a little different because of the seller’s lender’s guidelines in the short sale approval letter.
Hope that helps. let me know if you have anymore questions.

Ron did a longer more detailed article at this link for minnesota short sale