How To Find and Finance a Farm

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LAND CONTRACTS should be considered when there is little money for a down payment but funds may be available in the future for larger payments. Through a standard land contract agreement one can arrange an installment purchase. The seller may obtain the balance of the sale price over the existing mortgage by pledging his own credit for a loan with the land contract as security. The buyer assumes the existing mortgage payment plus payments due under the seller's loan. The seller retains title and is covered in case of default by the buyer. Seller may also stipulate that all installment payments may be liquidated if the buyer defaults. In this manner, land contracts are encouraged without the risk of complicated foreclosure proceedings following default. The FHA does not insure installment sales but will continue to insure any existing FHA mortgage even though an installment purchase has been made. Once the buyer is able to refinance the total debt with an outside mortgage, he obtains title from the seller.

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A TRADE-IN or a swap may be arranged if you already have property. Such arrangements are common and can be beneficial to all parties, especially during periods of tight money. On occasion, you may find a farm widow or widower who wants to move to the suburbs or the city. Any difference in costs can be managed by a second mortgage payment.

Alternatives to individual ownership ought to be considered if resources and credit are limited. Several individuals may join together to purchase land that they couldn't obtain otherwise. Several joint arrangements may be considered:

JOINT TENANCY: Two or more individuals have the same ownership interest in a single parcel. In a joint tenancy agreement each owns all, with the right of survivorship. This arrangement seems best for tribes or communes, especially when one individual pays more than his share in costs, in which case he may take a full deduction on taxes.

TENANCY IN COMMON: Two or more individuals each with the same right to possession and benefits according to his share of ownership. There are no rights of survivorship. A tax liability arises when one tenant pays more than his share of costs.

Although PARTNERSHIPS are the most common form of unincorporated arrangement and offer certain business advantages, they are least desirable as an alternative to purchasing a hip farmstead. Various tax factors and other considerations affect the partnership to creat a good possibility for future hassles between partners. The Treasury Department carefully scrutinizes partnerships to insure that they are not set up as corporations.

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