Rent or Bond For Title
If I am planning on leasing one of my units to someone for about 12-24 months, at which time I will refi into their name. Do you recommend signing a Bond For Title and recording it in the court house. If it is recorded and they default I have to go through foreclosure procedures, RIGHT! If they are simply renting and default, I can just give them 30 days to move out! Correct...
Ventura:
Nice to meet You!
The SAFe and flexible way to Lease would be to place your property's Title into a Land Trust and assign your Tenant-buyer a % of Beneficial Interest in the property.
Execute a Triple-Net Lease with a separate Option to buy (refi) in 12 or 24.
This way the TB could take over 100% of payment obligations (PITI) plus any added cash flow to you.
They (TB) could get the Trustee to show VOM vs VOR (Ver. of Rent) which is VERY HELPFUL and LESS COSTLY upon the sales transaction.
Not to mention you could up the monthly pymts should the TB desire to get the Tax Benefits.
Credit the TB for retiring the Principal and Interest + any downpayment you got.
With the VOM (Ver. of Mtg.) from the Trustee in hand and your Land Contract ...in Yr 2 (24 Mo.s) the TB can qualify for a simply Refi and then Title the Property into their own name if they choose!
What you've done above will NOT ONLY Protect your Title from untoward actions (Divorce, BK, Eviction or Forclosure Ruses by your TB)
The Triple-Net Lease acts in effect like a 'Confession-Judgement' does in a mobile-Home Pk (FAST TRACK EVICTION)
In the event your TB tries to do an "I Got EQUITY cuz I'm Buying on a Land Contract!" NUMBER on You:
null"Last I Hurred - IT AINT LEGAL FOR ANYONE TO SUE THEMSELVES IN AMERICA!"
And That is EXACTLY What the TB would be Attempting to do if they tried to defend the Trustee's Eviction!!!
This is b/c the TB is a member (co-BENEFICIARY) of the TRUST and ...
The Judge would have the TB escorted (read EVICTED) out of the home by the Sherrif almost as Quickly as the case leaves the court room...
But I am NOT an ATTY... so check with a legal counsel in your own State to verify/identify set up for your Trust Deal!
Hope this Helps!
DERRICK ALI