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.

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.

It is the responsibility of the buyer to ensure that they are provided with all the important documents related to the property. There should be documents showing how the property was acquired and any transfer of ownership. Any legal rulings that have been made in the past must be made clear and copies of such rulings made available. Agreements are to be made in presence of real estate attorneys and copies deposited with a court of law.

It is a good idea to be well conversant with the property whose note you are buying. If possible, try and visit the place in person and inspect the property. Some of the important things to have in mind when carrying out the excursion include the geographical location and the physical condition of property. Ensure that you like the property yourself because you may have to take it over if the note seller fails in their repayment.

Many investors do not know the difference between a mortgage and an annuity or trust deed. The two are quite different from each other. In an annuity, three parties are involved in the transaction. These are the trustor or borrower, the trustee (holds the legal title) and the lender (beneficiary). In a mortgage, only two parties are present; the trustee is not involved.

If one is not careful, trust deed investments may be a very dangerous business venture. Losses are not uncommon especially to the inexperienced. Just like any other business in real estate proper analysis of markets is required. Having a real estate agent on board may turn out to be very helpful.




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