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

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Multi-State
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US-01504BG
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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.

When it comes to selling commercial property in Indiana, one of the options available to sellers is a Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement. This type of contract is beneficial for both parties involved as it provides flexibility and security throughout the transaction process. In Indiana, there are a few different types of Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement options. These may include: 1. Fixed-Term Contract: This type of contract establishes a specific timeframe for the buyer to make periodic payments to the seller. The terms, including the interest rate, payment schedule, and duration, are agreed upon by both parties at the time of signing. 2. Balloon Payment Contract: With this type of contract, the buyer makes regular payments for a specified period of time, but the remaining balance becomes due in a lump sum (the "balloon payment") at a predetermined date. This type of agreement offers the buyer flexibility in terms of cash flow during the initial period. 3. Adjustable Rate Contract: This type of contract allows for changes in the interest rate over time. The interest rate is typically tied to a specific financial index, such as the prime rate. This option may be suitable for buyers who expect interest rates to decrease or for those planning to refinance later. A Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement typically includes the following key components: 1. Identifying Information: The contract should include the legal names and addresses of both the buyer and seller, as well as a detailed description of the commercial property being sold, including its address, boundaries, and any relevant legal descriptions. 2. Purchase Price and Financing Terms: The contract should clearly state the purchase price agreed upon by the buyer and seller. Additionally, it should detail the financing terms, including the down payment amount, interest rate, payment schedule, and any penalties for late payments or early repayment. 3. Mortgage and Security Agreement: This agreement outlines the terms of the mortgage, including the rights and responsibilities of both parties. It should include details about the property being used as collateral, the duration of the mortgage, and any conditions or restrictions imposed by the seller. 4. Default and Remedies: The contract should specify the actions that would constitute default by the buyer and the remedies available to the seller in such cases. This section should include information on foreclosure procedures, potential penalties, and any legal costs that may be incurred. 5. Closing and Transfer of Ownership: The contract should outline the process for closing the transaction, including the responsibilities of both parties, any required inspections or assessments, and the transfer of ownership of the property. Overall, a Contract to Sell Commercial Property with Commercial Building — Seller Financing Secured by Mortgage and Security Agreement provides a comprehensive legal framework for the sale of commercial property in Indiana. It is important for both buyers and sellers to carefully review and negotiate the terms to ensure a fair and secure transaction.

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

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FAQ

In a land contract, the seller takes the position of the bank. In that position, they are also responsible for collecting payments and taking back the property in the event the buyer breaches the contract.

The Land Contract or Memorandum must be recorded.

Seller retains title 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.

A buyer who can't get traditional financing may not find a seller offering a land contract on favorable terms. Land contract interest rates may be much higher than conventional mortgage rates. The buyer could lose the home if the seller goes bankrupt, dies, is delinquent on taxes or stops paying the mortgage.

Sec. 9.5. "Land contract" means a contract for the sale of real estate in which the seller of the real estate retains legal title to the real estate until the total contract price is paid by the buyer.

Typically, you must notify the seller of your intent to cancel the transaction in writing, delivered either in person or by mail. Refer to the notice of cancellation rights in your contract for the proper way to cancel.

Articles of agreement are the foundational documents of a business entity. With these documents, a business will outline members' voting rights, limitations of the company, and entity powers.

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