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Alabama Contract to Sell Commercial Property with Commercial Building - Seller Financing Secured by Mortgage and Security Agreement

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Keywords: Alabama, contract to sell commercial property, commercial building, seller financing, secured by mortgage, security agreement Description: An Alabama Contract to Sell Commercial Property with Commercial Building refers to a legally binding agreement entered into between a seller and a buyer for the sale of a commercial property that includes a commercial building. This type of contract offers the added benefit of seller financing, allowing the buyer to obtain financial assistance directly from the seller. The financing is typically secured by a mortgage and a security agreement. There are several variations of the Alabama Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement, each tailored to specific circumstances or requirements. Some common types include: 1. Fixed-Term Seller Financing Contract: This type of contract specifies a predetermined period for repayment of the loan provided by the seller. The buyer is obligated to make regular installment payments over the agreed-upon term until the loan is fully repaid. 2. Variable Interest Rate Contract: In this variation, the interest rate on the seller-financed loan may fluctuate over time based on an agreed-upon index. This provides flexibility but can result in changes in the buyer's monthly payment amounts. 3. Balloon Payment Contract: With this type of contract, the buyer makes regular payments over a specified period, usually a shorter term, with the remaining balance due in a lump sum at the end of the term. Balloon payments can be beneficial for buyers who expect to have substantial financial resources or can easily refinance before the balloon payment is due. 4. Lease-to-Own Contract: This contract structure allows the buyer to lease the commercial property for a specific period with an option to purchase it at a predetermined price within a specified time frame. A portion of the lease payments often goes towards the eventual purchase price, providing the buyer with a pathway to ownership. The Seller Financing Secured by Mortgage and Security Agreement refers to the mechanisms put in place to protect the seller's interests. A mortgage allows the seller to secure the loan against the property, while a security agreement grants the seller certain rights in case of default, such as the ability to foreclose on the property and recover the outstanding debt. When entering into an Alabama Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement, it is crucial for both parties to seek legal advice to ensure compliance with Alabama state laws and to protect their respective interests.

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When bank financing is involved, the amount of seller financing is typically 10 - 20% of the purchase price with an interest rate of 6% and a term of 3 to 5 years. Principal and interest payments are typically paid on a monthly basis.

The seller's financing typically runs only for a fairly short term, such as five years. At the end of that period, a balloon payment is due. The expectation is usually that the initial seller-financed purchase will improve the buyer's creditworthiness and allow them to accumulate equity in the home.

Be Prepared to Propose Seller Financing You could say, for example, "My offer is full price with 20% down, seller financing for $350,000 at 6%, amortized over 30 years with a five-year balloon loan. If I don't refinance in two to three years, I will increase the rate to 7% in years four and five."

Higher interest rate. Owner financers typically charge a higher interest rate than conventional lenders. Less availability. Not all sellers are willing or able to offer owner financing. Large down payment. Many deals require a 20% down payment. Balloon payment.

How Do You Structure a Seller Financing Deal? Don't use current market interest rates to create the interest rate for your seller financing loan. ... The higher the price?the longer the loan term. ... Bring as little cash to the deal as possible. ... Defer payments if possible. ... Exchange down payment for needed repairs.

Despite the advantages of seller financing, it can be risky for owners. For one, if the buyer defaults on the loan, the seller might have to face foreclosure. Because mortgages often come with clauses that require payment by a certain time, missing that date could be catastrophic.

An essential first step for the seller is to conduct due diligence concerning the financial qualifications of the buyer, including the buyer's background, credit record, management experience, ownership of similar properties, personal assets and character.

Disadvantages Of Seller Financing Buyers still vulnerable to foreclosure if seller doesn't make mortgage payments to senior financing. No home inspection/PMI may result in buyer paying too much for the property. Higher interest rates and bigger down payment required.

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Alabama Contract to Sell Commercial Property with Commercial Building - Seller Financing Secured by Mortgage and Security Agreement