It depends on the title company.
I am with you that I like the funds collected from the sellers proceeds at closing/funding and on the HUD.
This includes both deposit and rent.
Some title companies will do this, some wont.
My guess is they don't like to do it, but I insist, and normally it is not an issue.
Some sellers also like to try to cut separate checks. Personally I don't want to deal with anyone's checks.
If they're going to cut a check, then there shouldn't be any problem putting it on the HUD and collecting at closing.
Some seller's think you shouldn't cash their deposit check and just keep it on file and tear it up if they move out on time and leave everything in good condition. Again.....I never want to see this and want it deducted on the HUD. People get funny about these things and I've seen checks get voided before. It's just not worth going to court over $500 or whatever the deposit is to me.
I just had an agent tell me she's never done a leaseback with a deposit.
My answer is I've never done one without.
People get busy when theyre moving....they forget to clean up, they get the power turned off early and can't clean up, they forget to mow the yard, they forget to take out the trash, they forget to leave remotes, they forget to leave keys...and on and on and on.
Lesson learned....get a deposit that makes sense...and get it at closing on the HUD.
The only exception to this might be if your lender doesn't like it. Typically this leaseback cannot be part of your downpayment. If you need 20% down for your loan...then you need to put down 20%, not including the lease....perhaps you can take that off closing costs. I'm guessing $145/day for 70 days, none of this will be an issue for you, but you can always check with your loan officer to make sure.