Right Of First Refusal?

Kimtd profile photo

What does this mean?

Can you a owner who carries a note (and wishes to carry it a long term like 30 years) use this to, say, prevent a refinance/cashout event?

Comments(6)

  • finniganps7th July, 2008

    What does the note say with regards to prepayment? Often there would be terms that say a prepayment penalty of X is due if more then X percent of the loan balance is paid off prior to some period. What does your note say? I have seen notes that charge a 5% prepayment penalty for 5-10 years on the loan balance if over X% is prepaid (this effectively prevents prepayment without compensation).

  • jimandlacy7th July, 2008

    Typically I see Rights of First Refusal used when a buyer has to sell a property to perform.
    The buyer is usually given a time frame - 24, 48, etc hours - to drop the contingency or release the property if the seller receives an offer that is better/cleaner.
    Jim

  • cjmazur7th July, 2008

    The can also be used in TICs to force a sale.

  • Kimtd8th July, 2008

    But if I have the property locked in under a contract, why would I need a right of first refusal in the first place? Unless I back out, am I not legally the only person who is capable of buying it?

  • ypochris8th July, 2008

    You presented yourself as an owner wanting to carry a note long term, not the buyer...

    Chris

  • edmeyer8th July, 2008

    Unless they have all dried up, there are lenders who do non-conforming loans. I have a bunch of these secured by properties in my portfolio. My suggestion is to find a good mortgage broker ( not an easy task) and see what he/she can do.

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