Question
Owner financing, refinances after finding a buyer?
Looking for some information on this. A member of my family is buying a house, it is owner financed, and both ends signed a contract, seller to buyer " contact for deed ect. The buyers are looking to either rent it out or sell it, (they are evaluating their options because they are mostly out of town), first question, can they sell to protect their interest as long as they pay off the original owner? 2 question, is the original owner who entered the contract allowed to refinance at any time? I believe they did this twice without letting the buyers who are still making payments to buy the house (my family) know what was going on. I assume it is also illegal for them to try to sell the house to someone else while my family is already in agreement on paper to buy the house, this seems like a no brainer but if someone could confirm this that would be great. Okay, that makes sense. So, basically they are not yet on the deed, they are still making payments towards the house. They did want to rent it out while they are not staying at the house, the owner said no, he will decide who comes in but came back and said he had a buyer who wants the house. However, my family is still in contract so it sounds as though, the owner can do whatever he wants except legally sell to multiple buyers. On the contract it says the person who is living in the house the buyers are responsible for payments, damages/repairs basically anyfee, why can't they rent it out to protect their interest? Also one other thing, ( i am not an expert here so I don't know) they are in a contract for deed, the owner of the house has refinanced twice and is tacking on more interests rates, he is changing the amounts of what is owed on the house and is claiming they owe it, how can that work?
4 weeks ago - 3 answers
Best Answer
Chosen by Asker
I'm a little confused on your question but... if the buyers aren't on the deed yet as owners then they can't sell it. The sellers can refi if they are still listed as owners on the deed- however, they can't sell it to someone else because they have contract with buyers (at least not legally anyway). But if nothing has been recorded in the registers office then it appears that the sellers still own it as far as the county knows so they could do anything they want, but buyer could sue for breach of contract & would win.
Source(s)
23 years mortgage business.
by Beverly S
4 weeks ago
Asker's Rating: ![]()
![]()
![]()
![]()
![]()
Other Answers
As with all things real estate, they need to talk to a lawyer and have him/her review the contract. This is why I do not like these rent-to-own transactions.
by MadMan- 4 weeks ago
Sounds like someone didn't have representation ( a lawyer ) when this agreement was drawn up. When you do a contact for deed, the buyer should have the deed in their name, not the sellers name. There should also be a clause or some protection from the seller going out and being able to use the property as a personal ATM. And, the purchase price should already be determined when they did the contract for deed! This agreement you are describing is a nightmare that probably won't end well.
by My Take on It- 4 weeks ago

