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Introduction
A mortgage, trust deed or land contract is
a written contract between a person who has sold property and the person who
bought that property.
At the time you sold your property, odds
are that you would have preferred a cash sale. Taking back financing,
however, provided a quick and inexpensive way to sell the property without
the rigid guidelines, hassles, and delays of bank financing. This loan also
provides you with some monthly income at, hopefully, a good rate of
interest.
Taking back financing is a sensible way to
sell property and is extremely common all' over the United States. In some
states they are called Trust Deeds, Contracts for Deed, Deeds of Trust,
Notes, or (privately-held) Mortgages, but they all represent the same thing:
a way of selling property where the Purchaser "borrows" from the Seller
rather than paying cash up front or borrowing from a bank. All these
vehicles are referred to as Seller Take Back financing. Let's explore some
of the important ingredients in your mortgage, trust deed or land contract
now.
Although mortgages, trust deeds and land
contracts are relatively simple documents, we suggest you read your
documents and this owner's manual once a year. There's no better way to know
your rights as well as your options.
For valuable advice on how to sell property
using Seller Take Back financing, see "Tips for Selling Property Using
Seller Take Back Financing" of this owner's manual. When a property is sold
and a Seller Take Back mortgage is used the Seller who is now also the
Lender is called the Mortgagee. The Buyer who is now the Borrower is called
the Mortgagor. When a property is sold using a Seller Take Back Trust Deed
the Seller is the Beneficiary, the Buyer is now the Trustor and there is a
third party who acts as the title holder called the Trustee. When a land
contract is being used the terms Purchaser and Seller are used.
Helpful Hint
On the Payment Record Keeper (see back of this manual), write the Buyer's
phone number, particularly if it's an unlisted number. The Buyer's phone
number is handy to have in case you need to reach him or her on short
notice...if a payment is late for instance, or if you would like the next
payment sent to a summer address.

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