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Jake, the signed lease should give your brother certain rights. A landlord can’t simply evict a tenant contrary to the lease in order to move in. Your brother should consult an attorney. As for the mortgage, there’s nothing that I’m aware of that prevents a landlord from getting a mortgage on a house that they own. If your brother came to purchase the house, the proceeds would have to pay off the mortgage first.
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One of the interesting things about the rent to own financing option is that it is often home owner financed. Meaning, in many cases the bank plays no role other than administrator in the entire financing of the home. While this article will outline some of the basic closing costs associated with the typical rent to own contract, it is important to be aware that the home seller can create closing costs of their own.
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I am currently ending my rent-to-own contract when it is due. However the pitfall(s) I have encountered are the owner is just plain shady! Yes I have some credit issues from my past and never knew I could claim a $8000 tax credit most certainly will apply this year, the whole purpose should be a win win for the seller and the purchaser. I get a home and you get paid unfortunately my contract is ending because I have opted out and that is a choice and a chance for both parties. I will try again but with the more insight and knowledge in the future. I have advised the owner of my intentioons and they have inspected the home, taken pictures and are going to list the home. My sister is an attorney and states while our contract is still enforce she does not think she can legally list and show the home until I actually give her written notice and 30 day notice of my departure. I am wondering does anyone know this to be true?
Rent Premium – The term used here is “rent premium” and not simply rent. This is because in a lease to own option, the buyer has to pay a slightly higher amount than the typical rent for a property. The extra percentage of each monthly rent payment (called rent credits) goes toward the down payment for the property, if the buyer chooses to ultimately buy it. If at the end of the lease, the buyer cannot or does not choose to buy the property, the seller keeps all the money.
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