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Contract for deed - Due on Sale?!

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    Contract for deed - Due on Sale?!

    So I started this process last feb, and we are filing Monday.

    Scary part now:

    As I understand the contract for deed(CD) if a mortgage exists with the seller, the lender can exercise the 'due on sale' clause. Which may require the buyer to purchase the home within as little as 30 days. Umm with the 430 credit score, not so much.

    My question is, after we file the CD with the court, what would trigger the lender from finding out? Would they automatically find out due to the BK?

    Secondly, I am using the CD as debt, as rent in my county maxes out at a rate that causes my MEANS test to be positive. So the CD would fix that issue.

    SO another question I have is does a lease act in the same manner as does a CD? Moreover, can I claim the lease payment beyond the allowed on the means test as I can with the CD?

    If so, I could skip the whole worry about the lender finding out by simply doing a lease. My atty is of course telling me that the CD is the way to go and to not worry about the lender... ya well, I worry.
    Filed: 11/25/08 - chp 7 no asset
    Discharged: 2/24/09 CLOSED 3/7/09!

    #2
    Is the CD with an individual or corporate?

    Comment


      #3
      Originally posted by GreenInkOnPaper View Post
      Is the CD with an individual or corporate?
      It is with my father in law.
      Filed: 11/25/08 - chp 7 no asset
      Discharged: 2/24/09 CLOSED 3/7/09!

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        #4
        The lender wouldn't find out because your contract is not with them, it's with your FIL. The Due on Sale clause comes into effect when you obtain your own financing with another lender. A CD is really not much more than a lease.

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          #5
          Originally posted by SubPrimeME View Post
          It is with my father in law.
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            Actually it's a bit more. The max rental allowance was pushing me into a 13, so with this it puts me in a 7 nicely. The worry was what the lender would do. I have heard they don't do anything anymore, especially on a current loan. I mean why call in a loan that is current? Don't they have enough defaulting?!

            I have my 341 in a month, I will update as to how it turned out!
            Filed: 11/25/08 - chp 7 no asset
            Discharged: 2/24/09 CLOSED 3/7/09!

            Comment


              #7
              Originally posted by SubPrimeME View Post
              Actually it's a bit more. The max rental allowance was pushing me into a 13, so with this it puts me in a 7 nicely. The worry was what the lender would do. I have heard they don't do anything anymore, especially on a current loan. I mean why call in a loan that is current? Don't they have enough defaulting?!

              I have my 341 in a month, I will update as to how it turned out!
              I certainly agree with you. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

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