I will draft finance and subject to real estate contracts
Licensed US Attorney: Real Estate Wholesaling And Creative Finance Contracts
About this Gig
Creative financing strategies like "Subject-To" (taking over existing mortgages) and Seller Financing are essential in todays high-interest-rate environment. However, these transactions involve substantial legal risks, including the lender's "Due-on-Sale" clause, insurance complications, and strict state/federal disclosure laws.
As a licensed US Attorney, I draft comprehensive, airtight Creative Financing contract suites that protect both investors and sellers while ensuring smooth title transfers.
Key Documents & Protections Provided:
- Subject-To Purchase & Sale Agreement: Incorporates mortgage assumption disclosures and equitable interest language.
- Due-on-Sale Clause Disclosures: Formal written seller acknowledgments mitigating future lender-call disputes.
- Limited Power of Attorney (LPOA): Authorizes lender communication, payoff requests, and tax management.
- Seller Financing Suites: Custom Promissory Notes, Mortgages/Deeds of Trust, and Default terms.
Secure high-margin creative deals with institutional-grade legal documents.
Field of law:
Business (corporate)
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Property
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Commercial
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
Other Legal Consulting Services I Offer
FAQ
How does your Subject-To contract address the lender's "Due-on-Sale" clause?
It includes explicit, comprehensive Due-on-Sale disclosure and acknowledgment addenda where the seller formally acknowledges the lender's acceleration rights and releases the buyer from liability.
Why is a Limited Power of Attorney (LPOA) required in Subject-To deals?
The LPOA enables the investor to communicate with the seller's existing mortgage lender, obtain loan statements, manage escrow balances, and handle property insurance.
Are Promissory Notes and Deeds of Trust state-specific?
Yes. Security instruments vary by state (Mortgage vs. Deed of Trust vs. Security Deed). I tailor the documents to match your specific state requirements.
Can these creative finance documents be assigned to an end buyer?
Yes. The purchase agreements include assignability provisions allowing creative wholesale assignment ("wholesaling Subject-To").
