Sunday, December 15, 2013

A Few Basics On Trust Deed Investments

By Cornelia White


Trust deed investments have in the recent past become one of the most preferred ways of investing. A trust deed is also known as a mortgage note or an annuity and represents ownership of real estate property. It is a legal document that can be used in a court of law. If intending to invest in this area, there are a number of important things that potential investors need to have in mind to avoid making costly mistakes.

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.

One needs to accurately appraise the property that they need to buy. While this is usually the responsibility of sellers, terms may change as per the agreement. That notwithstanding, the buyer needs to ensure that the claimed value is indeed accurate. The property should fetch the same value when used as collateral for different financial products from loans and other lending institutions. The buyer needs to ensure that the property has undergone a credit check and that there are not any foreclosures and 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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