Tuesday, December 24, 2013

Basic Facts Regarding Trust Deed Investments

By Cornelia White


Trust deed investments have been increasing in popularity among the business community in the recent past. These investments are also known as mortgage notes or annuities. They bind the seller and the buyer into a legal agreement. An annuity represents real estate property and is used to transfer ownership from one person to another. There are a number of important things that investors need to know if they intend to invest in annuities.

A note is associated with several terms that are agreed between the seller and the buyer. Among the terms is the amount of money to be paid back and the stipulated period of time within which this should be done. The method of repayment is agreed on during the negotiation. To get as much as possible from their note, the seller organises an auction and picks on the highest bidder. An auction is typically carried out in either print or electronic media.

The pricing of an annuity depends on several factors that include, among others, the prevailing market interest rates, the condition of property, the likelihood of buyer default, the anticipated changes in the industry and so on. Some buyers struggle with completing their payments even after bidding. Such buyers may use what is commonly referred to as owner (seller financing). In this case, the seller finances the buyer either fully or partially as per agreed terms.

There is need to appraise the real estate as a prerequisite. Although this is usually the responsibility of the seller, the terms may be different depending on the agreement. The buyer needs to ensure that the valuation process is done as accurately as possible. If the real estate property is to be used in future as collateral for other financial products, the value of products should be the same as its value. The buyer needs to also carry out a credit check on the property and to make sure that there are no outstanding foreclosures or bankruptcies.

As a buyer, always make sure that copies of important documents are made available. There must be proper documentation showing the history of ownership of both the structure and the land on which it is built. This is to avoid unnecessary legal tussles in court later on. It is important to ensure that all the agreements are made in the presence of an attorney and copies of agreements and any other important documents deposited with a court of law.

The buyer needs to create time and to physically visit the property in question. Factors that one should have in mind as they inspect the property include the physical state and the geographical location (accessibility). On a few occasions, the seller fails to repay as per the agreed terms and the holder of the note may need to take over the property. For this reason, make sure you like the property.

A good number of investors cannot clearly distinguish between trust deeds and mortgages. Indeed, a clear difference exists between these two. The parties involved in an annuity include the borrower (also called the trustor), the trustee (holder of legal title) and the lender. The trustee does not take part in mortgage transactions.

Before venturing into trust deed investments, ensure that you understand the market fully. Many people make huge losses due to hurried, uninformed decisions. If possible, ensure that you have a real estate agent by your side when getting into this area.




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