Paperwork For Selling A House By Owner
Selling land in Florida should be agreed upon after giving thorough consideration to some legal issues and tax matters. The two methods made use of while considering the sale of land are Seller-Financed Mortgage Contract and Land Contract. Considering the financial cost to be incurred in recording a land contract in Florida, it will be economical for the seller who will be financing the transaction to make use of Seller-Financed Mortgage. Going by this method requires the seller to tender a deed to the buyer when the seller receives down payment of the purchase price and files mortgage on the property to ensure the buyer balances his payment.Necessary steps to be taken while going about these include;
- Presentation of the original mortgage document to the recorder for proper filing.
- The legal representation of the property must be present in the mortgage
- The amount owed by the buyer to the seller should also be included in the mortgage.
- The mortgage must be signed legibly and duly approved by the buyer.
- The filing of the document should take place in the Recorder’s office where the land is located.
- In the process of filing, a stamp fee and intangible tax will be assessed to the mortgage holder.
The other method which you can use aside the Seller-Financed Mortgage Contract is the Land Contract. Paperwork for selling a house by owner It’s also done legally in Florida, specific tax and transfer payment add up an up-front expense to make the transaction, which is not obtainable in some other states. Compare to some other states, and people see the Land contract in Florida as unfavourable because of the additional up-front. The agreement and documents include;
Paperwork For Selling A House By Owner – The state considers a land contract as a transfer of an interest in real property land, thereby imposing a documentary transfer tax on the property irrespective of the fact that seller has conveyed a deed or not. The tax is imposed and collected immediately from the seller, as soon as the filing of the land contract takes place.
The Florida legal process allows for the protection of the buyer in some specific way, buyer’s interest as an “equitable interest,”i.e. interest held by the morals of equitable titles and possession. If a buyer defaults in payment and compliance with the agreed terms of the contract, the seller has to go through a rigorous legal process before he regains his possession, he must initiate foreclosure lawsuit or probably re-secure a clear title and ownership of the land. Three government taxes are charged on the transfer of a property in Florida;
- Documentary Stamps on the Deed
- Documentary Stamps on the Mortgage ( under Florida law a land contract is considered as a mortgage).
- Intangible Tax on the Mortgage
Dealings where the buyer enters into a land contract and grants a mortgaged to the seller in the property purchased, the three charges will be incurred by the seller, on a norms the buyer bears the cost of the Mortgage documentary stamps and the Mortgage intangible stamps, while seller incurs the cost of the deed documentary stamps. The documentary stamp tax is imposed on the documents that transfer interests in Florida real document under section 201.02, Florida Statutes on documents.