Solicitud del Comprador para la Contabilidad del Vendedor bajo el Contrato de Escritura
Contrato de Escrituración Estado Contable Anual del Vendedor
Cesión del contrato de escritura por parte del vendedor
Aviso de cesión de contrato de escritura
Declaración de Divulgación de Ventas de Bienes Raíces Residenciales
Divulgación de pintura a base de plomo para transacciones de venta
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The Tampa Agreement or Contract for Deed is a legal document used for the sale and purchase of real estate, also known as land or an executory contract.
In the Tampa Agreement, the seller finances the purchase of the property directly with the buyer, acting as both the seller and the lender. The buyer makes regular payments to the seller until the full purchase price is paid off.
A Tampa Agreement may be chosen when the buyer doesn't qualify for a traditional mortgage or when the seller prefers to finance the sale directly to the buyer. It can be a more flexible option for those with credit challenges or limited down payment funds.
The buyer can purchase a property without needing a large down payment or qualifying for a mortgage. It allows more time to improve credit scores, save funds, and potentially secure better financing terms in the future.
If the buyer fails to make payments as agreed, they risk losing the property and all the money already paid towards the purchase. Additionally, the buyer may not have legal ownership or equity in the property until the contract is fully paid off.
The seller can sell the property quickly without needing a real estate agent or waiting for a buyer to qualify for a mortgage. It also provides a steady stream of income through the buyer's payments.
Florida Statutes
TITLE XIV TAXATION AND FINANCE
CHAPTER 197 TAX COLLECTIONS, SALES, AND LIENS
197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.
(1) The holder of a tax certificate at any time after 2 years have elapsed since April 1 of the year of issuance of the tax certificate and before the cancellation of the certificate, may file the certificate and an application for a tax deed with the tax collector of the county where the property described in the certificate is located. The tax collector may charge a tax deed application fee of $75 and for reimbursement of the costs for providing online tax deed application services. If the tax collector charges a combined fee in excess of $75, applicants shall have the option of using the electronic tax deed application process or may file applications without using such service.History. 187, ch. 85-342; s. 6, ch. 86-141; s. 27, ch. 86-152; s. 1, ch. 89-286; s. 7, ch. 92-312; s. 14, ch. 93-132; s. 1024, ch. 95-147; s. 1, ch. 96-181; s. 1, ch. 96-219; ss. 3, 4, 5, ch. 99-190; s. 3, ch. 2001-137; s. 9, ch. 2001-252; s. 1, ch. 2003-284; s. 8, ch. 2004-349; s. 1, ch. 2004-372; s. 49, ch. 2011-151; s. 1, ch. 2013-148; s. 6, ch. 2014-211.
TITLE XL REAL AND PERSONAL PROPERTY
CHAPTER 697 INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE
697.01 Instruments deemed mortgages.
(1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages.History. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch. 20954, 1941.
Florida Case Law
Torcise v. Perez, 319 So.2d, 41 the issue is whether or not the purchaser or seller should maintain possession of the subject property. Held- the purchaser should maintain possession. This case shows that a contract for deed falls within 697.01.
Contracts for deed between the sellers and purchasers were intended to secure the payment of money, as provided in Fla. Stat. ch. 697.01(1), and would be deemed and held to be mortgages and subject to the same rules and regulations as mortgages; the sellers, who were in the position of mortgagees under the contracts for deed, had no right to the use or possession of the properties sold to the buyers and were enjoined from leasing the property to a third party. Torcise v. Perez, 319 So. 2d 41, 1975 Fla. App. LEXIS 15248 (Fla. Dist. Ct. App. 3d Dist. 1975).
A contract for deed wherein the seller agrees to convey title to land after the buyer pays all installments of the purchase price is merely a security device and is an alternative or substitute to an immediate conveyance of the title to the buyer with a purchase money mortgage back to the seller. Under equitable concepts, the buyer under the agreement for deed is in the same position as the purchaser-mortgagor and the seller is merely a lienor. Under the usual deed-mortgage sale arrangement, the buyer immediately receives and holds the legal title and the seller has a legal lien (mortgage) on the land; whereas under the land contract sale arrangement, the buyer immediately receives and holds the equitable title and the seller holds the bare legal title only as security for the unpaid purchase price. The form is different but the substance is the same for equitable purposes including the foreclosure procedure in the event the buyer defaults in payment of some portion of the purchase price. White v. Brousseau, 566 So.2d 832 (1990).
Florida Statutes
TITLE XIV TAXATION AND FINANCE
CHAPTER 197 TAX COLLECTIONS, SALES, AND LIENS
197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.
(1) The holder of a tax certificate at any time after 2 years have elapsed since April 1 of the year of issuance of the tax certificate and before the cancellation of the certificate, may file the certificate and an application for a tax deed with the tax collector of the county where the property described in the certificate is located. The tax collector may charge a tax deed application fee of $75 and for reimbursement of the costs for providing online tax deed application services. If the tax collector charges a combined fee in excess of $75, applicants shall have the option of using the electronic tax deed application process or may file applications without using such service.History. 187, ch. 85-342; s. 6, ch. 86-141; s. 27, ch. 86-152; s. 1, ch. 89-286; s. 7, ch. 92-312; s. 14, ch. 93-132; s. 1024, ch. 95-147; s. 1, ch. 96-181; s. 1, ch. 96-219; ss. 3, 4, 5, ch. 99-190; s. 3, ch. 2001-137; s. 9, ch. 2001-252; s. 1, ch. 2003-284; s. 8, ch. 2004-349; s. 1, ch. 2004-372; s. 49, ch. 2011-151; s. 1, ch. 2013-148; s. 6, ch. 2014-211.
TITLE XL REAL AND PERSONAL PROPERTY
CHAPTER 697 INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE
697.01 Instruments deemed mortgages.
(1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages.History. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch. 20954, 1941.
Florida Case Law
Torcise v. Perez, 319 So.2d, 41 the issue is whether or not the purchaser or seller should maintain possession of the subject property. Held- the purchaser should maintain possession. This case shows that a contract for deed falls within 697.01.
Contracts for deed between the sellers and purchasers were intended to secure the payment of money, as provided in Fla. Stat. ch. 697.01(1), and would be deemed and held to be mortgages and subject to the same rules and regulations as mortgages; the sellers, who were in the position of mortgagees under the contracts for deed, had no right to the use or possession of the properties sold to the buyers and were enjoined from leasing the property to a third party. Torcise v. Perez, 319 So. 2d 41, 1975 Fla. App. LEXIS 15248 (Fla. Dist. Ct. App. 3d Dist. 1975).
A contract for deed wherein the seller agrees to convey title to land after the buyer pays all installments of the purchase price is merely a security device and is an alternative or substitute to an immediate conveyance of the title to the buyer with a purchase money mortgage back to the seller. Under equitable concepts, the buyer under the agreement for deed is in the same position as the purchaser-mortgagor and the seller is merely a lienor. Under the usual deed-mortgage sale arrangement, the buyer immediately receives and holds the legal title and the seller has a legal lien (mortgage) on the land; whereas under the land contract sale arrangement, the buyer immediately receives and holds the equitable title and the seller holds the bare legal title only as security for the unpaid purchase price. The form is different but the substance is the same for equitable purposes including the foreclosure procedure in the event the buyer defaults in payment of some portion of the purchase price. White v. Brousseau, 566 So.2d 832 (1990).