The problem with selling in installments is that if the value of the property goes up, the buyer will make all the payments and keep all that increase in value, but if the value goes down, then all you will be able to do is take back the property, and it won't be worth as much as it is now. Plus, you have no control over what the buyer does with the property or to the property. If the buyer doesn't pay you and starts trashing the property, it will take several months for you to get the property back. If it's in a mobilehome park where you rent the space, the new buyer might do things that cause you to lose your lease. What is the mobilehome worth if you have no place to keep it?
The buyer should get a loan from a bank, a friend or a relative. If none of them will lend the money to the buyer, why should you
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Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
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Answered on Dec 02nd, 2015 at 10:36 AM