Deed of Trust Question

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Athaclena

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This is long, but I want to give as much info as possible, so bear with me. Just as an FYI, I will be retaining a lawyer but wanted some opionions and maybe a set of things I should be discussing with him/her.

OK, background: I live in the metro Atlanta area (GA law would apply). I recently refinanced my townhome to lower my payment, remove PMI (house has gone up over 60% in value - woohoo!) and obtain a conventional loan so that I may rent it if I wish.

A co-worker would like to buy it, but will not be able to qualify for a loan at this time. My suggestion: rent for up to 3 years at $800/month and put $100/month of that in escrow for a downpayment for her when she was able to buy.

She talked to a lawyer friend of hers who suggested a Deed of Trust. We would work out an interest rate and loan value. She would put down 5% (to me) and we would file a deed of trust with the court making her the owner of the house. Now, my question is, can I even do that since I have a loan? If possible, it sounds win-win, I don't have to worry about repairs and what not that a landlord worries about, she has more stake in the home, she misses a contracted # of payments and the house comes back to me with all the $$ she's paid me. My main concern though is that she's not protected if *I* don't pay the mortgage and my loan company forecloses - not that I would do that. That possibility is what makes me think that I may not be able to accomplish this - not to mention if she has a 15 yr loan with me and I have a 30 yr loan with my bank and pay the minimum, it's possible for her to have paid me without me paying the bank.

Thoughts? Suggestions?

Thanks!

Athaclena - Real Estate newbie
 
A deed of trust does not immediately pass title to buyer but is held by a trustee 'in trust' and may be used in place of a mortgage in certain circumstances.

You have identified the weakness in your plan as the proceeds of the sale of your house will not be received by you for a number of years according to your payment plan. Typically the mortgage taken out by the buyer provides the seller with sufficient funds to pay off the seller's mortgage. I'm not sure what other options you have and you can speak to a specialist but if the money just isn't there, I'm not sure what options you have. I would highly doubt that your mortgage company would allow the buyer to assume your mortgage especially when this person cannot qualify for a loan.

If your house has increased in value 60% then perhaps you should find a qualified buyer.

Originally posted by Athaclena
This is long, but I want to give as much info as possible, so bear with me. Just as an FYI, I will be retaining a lawyer but wanted some opionions and maybe a set of things I should be discussing with him/her.

OK, background: I live in the metro Atlanta area (GA law would apply). I recently refinanced my townhome to lower my payment, remove PMI (house has gone up over 60% in value - woohoo!) and obtain a conventional loan so that I may rent it if I wish.

A co-worker would like to buy it, but will not be able to qualify for a loan at this time. My suggestion: rent for up to 3 years at $800/month and put $100/month of that in escrow for a downpayment for her when she was able to buy.

She talked to a lawyer friend of hers who suggested a Deed of Trust. We would work out an interest rate and loan value. She would put down 5% (to me) and we would file a deed of trust with the court making her the owner of the house. Now, my question is, can I even do that since I have a loan? If possible, it sounds win-win, I don't have to worry about repairs and what not that a landlord worries about, she has more stake in the home, she misses a contracted # of payments and the house comes back to me with all the $$ she's paid me. My main concern though is that she's not protected if *I* don't pay the mortgage and my loan company forecloses - not that I would do that. That possibility is what makes me think that I may not be able to accomplish this - not to mention if she has a 15 yr loan with me and I have a 30 yr loan with my bank and pay the minimum, it's possible for her to have paid me without me paying the bank.

Thoughts? Suggestions?

Thanks!

Athaclena - Real Estate newbie
 
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