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Click here to see article at Realtor.org on pitfalls of "rent-to-own"
Problems w/Lease options & Rent-to-Own    How a Trust Assumption solves these concerns
1. What if the property that you're Lease-optioning increases in value by, say, $50,000 and the owner decides not to sell to you and keeps the money himself? Title is vested with a 3rd party non-profit corporate trustee acting in behalf of its beneficiaries.  Seller has control of the property no longer. The trustee will deed it to the would-be buyer at termination of the trust.
2. What if the owner gets a judgment against him and a lien is placed against the property that must be retired before you can buy it? Beneficial interest in a land trust is considered personal property.  Personal property cannot be separated in liens, suits or judgments if the beneficiaries are unrelated. Property is insulated from such actions. It can't be touched.
3. What if the owner doesn't pay the mortgage payment with the payment you give him monthly but instead pockets the money? Payments are sent to a 3rd party collection & bill paying service.  The Seller never touches the money.
4. Most Bank Loan Document Language Grants the Bank the Right to Foreclose on the Property if the Seller has Given Someone a Lease Option.  Are You At Risk? The Trust Assumption allows a transfer of ownership benefits without compromising the lenders due-on-sale clause. It is allowed and protected by US Banking law: US Code Title 12 Chap 13 [§1701j-3(d)]
5. With a Lease Option, I Cannot Write the Payment off on My Taxes.  How Can I Still Get the Benefits of Home Ownership? Because the would-be buyer is named as a co-beneficiary on the Land Trust and has contractually committed himself to all of the costs of ownership, he qualifies for the interest and tax deduction offered by the IRS as stated in IRC #163(h)(4)(D) RE. SPECIAL RULES FOR ESTATES AND TRUSTS

Call me if you're interested in buying a home:

Adam Albright 602-738-3882

Click Here to see how a Trust Assumption works      

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