Recent content by jsmg2006

  1. J

    Seller Financing - Lender Liability

    I did ask the question about default and my attorney said as the mortgagee I would not have to take possession of property back if I did not want too. I see your point about selling for cash and just being done with property, though. Thank you for the follow-up.
  2. J

    Seller Financing - Lender Liability

    Thought I'd provide update - spoke to accountant who said as long as financed at IRS minimum AFR of 1.09% the loan would not be a gift. The deal would be at interest of 5% and accountant said that was fine in order to not be a gift. Did speak with current attorney who said I should have...
  3. J

    Seller Financing - Lender Liability

    I just saw your comment. Thank you for the follow-up. I will start by talking to my attorney tomorrow. Thanks again.
  4. J

    Seller Financing - Lender Liability

    Thank you for the follow-up. Wouldn't the mortgage that I would have prepared and recorded be the secured interest, though? My main goal is to sell the property and get out of the landlord business. I just want to be free of an liability that comes with owning a rental property if I were to...
  5. J

    Seller Financing - Lender Liability

    Ok, I appreciate the input. Thank you.
  6. J

    Seller Financing - Lender Liability

    This is in the State of NJ if it matters
  7. J

    Seller Financing - Lender Liability

    I actually just got answer from my attorney and he said it would be considered an outright sale and I "shouldn't" have an liability as the lender. Not sure where to go based on you comments now, though.
  8. J

    Seller Financing - Lender Liability

    I am selling an investment rental property to another landlord. We have agreed to a purchase price. He will pay 0 down at closing and pay-off the purchase price over several years. I wil have a note and mortgage prepared. The property will be sold and the deed changed to the buyer at closing...
  9. J

    Cockroach Liability - Landord or Tenant

    Thank you for your response. We are treating with a pest control company and decided to handle with a one year pest control contract since cockroaches are so difficult to handle. We talked to tenant about lifestyle and how imoprant that we work together. Thanks again.
  10. J

    Cockroach Liability - Landord or Tenant

    My jurisdiction is: New Jersey, Salem County Situation: We owned property for 3 years. Property is a duplex (side by side). Had previous tenants on both sides with no reported cockroach issues. We have done extensive work on both sides including basements and never ever noticed a...
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