Georgia Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust

State:
Multi-State
Control #:
US-00654BG
Format:
Word; 
Rich Text
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Description

This form deals with a sale of an apartment building. The purchaser is paying cash plus assuming the outstanding promissory note secured by the first deed of trust or mortgage covering the property. At the closing of the sale, the parties enter into a lease agreement with purchaser leasing the property to the seller.
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  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust
  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust
  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust
  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust
  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust
  • Preview Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust

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FAQ

A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.

Under Georgia law, all these agreements are treated synonymously. When a seller of real estate agrees to finance some or all of the purchase price to the buyer, he may use a contract for deed.

In a contract for deed, the would-be homeowner may make a down payment and agree to monthly payments to the seller, but the person does not receive immediate title (ownership) of the house in return.

In Georgia, like all other states, a contract is needed to enter into a contractual agreement to buy or sell a property. The Georgia statute of Frauds requires that certain key details of a real estate sale be in writing to be considered ?definite and complete?.

Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.

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Georgia Contract of Sale and Leaseback of Apartment Building with Purchaser Assuming Outstanding Note Secured by a Mortgage or Deed of Trust