lease buy back option it legal or fraud?

Asked by Matt Reeves, Missoula, MT Fri Jan 4, 2008

Hi. Here is the deal: A friend is in foreclosure. It will take 50K to reinstate the loan. If I find an investor who will front the 50K to bring the loan current but in exchange takes possesion of the title and does a lease back option to current owner. Is this legal? That way the home owner is on the mortgage but the investor has title BUT the title has a lien against it for the amount of the note. Is this legal?

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Baybeeh’s answer
Baybeeh, Both Buyer And Seller, Glendale, CA
Tue Jun 16, 2009
Why would a homeowner give Title away? Especially to a smart and savvy investor? The homeowner will end up have a loan(mortgage) with no collateral (title). Why not modify the home? File chapter 13 bankruptcy and set up a payment plan.

Rent buy back options are usually done with intent to fraud. Where is the $50,000 coming from? A friend? A fly by shop rescue company? If the investor has Title and a Lien on the home, he can foreclose for non payment as well. There are plenty of guidelines and regulations to Rent To Own, Lease Option to Purchase, etc. My suggestion is: do more homework on the topic.
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Shannon Tonn, Agent, Missoula, MT
Wed Apr 16, 2008
There are different options in that department. There is a lease to buy option. Many home owners are interested in doing that because it benefits them financially and at the same time it benefits the buyer, who maybe can't get a regular mortgage through a lending institution. This is the best question to a mortgage lender, who can help decide exactly what loans would be best for you. Please visit my website and let me know if I can help you with anything else.
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