Archive for April, 2008

Terms of Use

PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. By using this Web Site, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein.

General Information
This site contains material about Creative Funding Service and its various products that may be of interest to Creative Funding Service’s employees and customers. Please feel free to browse this Web Site. Your access and use of the information contained herein is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Web Site, you accept, without limitation or qualification, these terms and conditions and acknowledge that they supersede any other agreement between you and Creative Funding Service.

Creative Funding Service maintains this Web Site for your personal use. This Web Site and its contents are intended to comply with the laws and regulations of the United States. While you can access this Web Site from outside the United States, our server is located within the United States, and the Web Site it is intended to be used by residents located in the United States.

Limitation of Liability
Creative Funding Service will use reasonable efforts to include accurate, complete and up-to-date information on this Web Site, but Creative Funding Service makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this Web Site is at their own risk, and that neither Creative Funding Service nor any party involved in creating or delivering this Web Site shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if Creative Funding Service has been advised of the possibility of such damages) arising out of access to, or use of the information contained on this Web Site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Web Site. This limitation includes damages to, or for any viruses that may infect, your computer equipment.

Disclaimer
Information and related materials are subject to change without notice. This Web Site, and all information and related materials it contains, are provided “as is.” Creative Funding Service makes no representation or warranty whatsoever regarding the completeness, accuracy, up-to-dateness, or adequacy of, or the suitability, functionality, availability, or operation of this Web Site or the information or materials it contains. By using this Web Site, you assume the risk that the information and materials on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Creative Funding Service specifically disclaims all warranties, express or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this Web Site and information, graphics and materials contained herein.

Links to Other Web Sites
This Web Site may contain links to, or be accessed from links on, other world wide Web Sites. Creative Funding Service does not have responsibility for, or control of, the contents, availability, operation or performance of other Web Sites to which this Web Site may be linked or from which this Web Site may be accessed. Creative Funding Service makes no representation regarding the content of any other Web Sites which you may access from this Web Site.

Concerning Your Privacy
Access to this Web Site may be monitored by Creative Funding Service. If monitored, the requesting URLs, the machine originating the request, and the time of the request, are logged for access statistics and security purposes. Your use and access of this Web Site constitutes your consent to such general monitoring. Please see Creative Funding Service’s Privacy Policy for details on how information from the Web Site may be gathered and used.

Trademarks
All trademarks, logos and service marks appearing in this Web Site, and as designated with either a trademark symbol (”®”, “TM”, or “sm”) or type form that is different from the surrounding terms, are trademarks owned by or licensed to Creative Funding Service, its subsidiaries or affiliates. Notwithstanding this disclaimer, all other names and marks mentioned in this Web Site are the trade names, trademarks or service marks of their respective owners.

No License
Nothing in this Web Site shall be construed as conferring by implication, estoppel or otherwise, any license or right to use in any form or manner any patent, copyright or trademark of Creative Funding Service. Please be advised that Creative Funding Service protects its intellectual property rights to the fullest extent of the law.

Submissions (Information to Creative Funding Service)

The submission of any unsolicited information, such as questions, comments, or suggestions, to Creative Funding Service, either through this Web Site or by any other means of communication, shall NOT be considered confidential. Creative Funding Service shall have no obligation to you of any kind with respect to such information. By submitting any information to Creative Funding Service, you understand that Creative Funding Service shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, Creative Funding Service shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such ideas, concepts, know-how or techniques.

Other
This agreement shall be governed by and construed in accordance with laws of the State of Michigan, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and you agree to indemnify Creative Funding Service for any claims or damages resulting from your failure to abide by these terms and conditions.

The Creative Funding Service Web Site may be unavailable from time-to-time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. Creative Funding Service cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Creative Funding Service reserves the right to alter or delete material from this Web Site at any time.

Creative Funding Service may, at any time, revise these Web Site Usage Terms by updating this posting. You are bound by any such revisions and should, therefore, periodically review these terms to review the then current Usage Terms.

Privacy Policy

Creative Funding Service thanks you for visiting its Web Site. Because we are committed to respecting the privacy of our Web Site visitors, this Web Site Privacy Policy Statement describes the information we may collect from you during your visit to our site, how we may use it, and how we will protect the information which you may opt to provide. This statement explains the efforts to balance our business interests in collecting and using the information we receive from you with your need for appropriate protection and management of any personally identifiable information that you share with us. Use of this Web Site is governed by the Creative Funding Service Web Site Usage Terms.

Personally Identifiable Information
Personally identifiable information includes your name, address, phone number, e-mail address or any other information which might reasonably be used to identify you individually. Creative Funding Service collects personally identifiable information from Web Site visitors only when it is voluntarily provided. Creative Funding Service will not otherwise collect this information from you on our Web Site.

At those portions of our Web Site where we provide you with the option to input personally identifiable information, we notify you of the uses we intend to make of that information in any given instance. When Creative Funding Service receives personally identifiable information, we may use it for reasonable business purposes, just as non-Internet businesses do. For example, we may use this information to contact you, via e-mail or regular mail, to provide you with information we believe may be of interest. It might also be used for compiling data and analyses to understand and serve our customers’ needs. Data is also compiled to evaluate the use and utility of the services we provide on-line. Your information may be transferred for processing and use to Creative Funding Service facilities in other countries and regions of the world. Personally identifiable information will not be sold, rented or exchanged outside of Creative Funding Service unless the user is first notified and expressly consents to such transfer.

Collective/Aggregate Data
The Creative Funding Service Web Site may also collect information from you that is not personally identifiable. For example, we might track information about the date and time visitors access our site, the type of browser they used, and the Web Site from which they connected to our site. Our Web Sites collect this information by depositing certain bits of information called “cookies” in a visitor’s computer. This technology does not collect an individual visitor’s personally identifiable information. Rather, this information is collected in an aggregate form. The cookies can tell us how and when pages in a Web Site were visited and by how many people. This aggregate information will enable us to improve our Web Sites to serve and inform you better. It also may allow you to shortcut access to points of interest on our Web Site when you reenter our system. Attaching this device to your system has no effect on how it performs.

Links to Other Sites
As a resource to our visitors, Creative Funding Service may provide links to other Web Sites. We try to carefully choose Web Sites, which we believe are useful and meet our high standards for the accuracy and utility of information. However, because Web Site design and content can change quickly, we cannot guarantee the standards of every Web Site to which we link. Likewise, we are not responsible for the content of any non-Creative Funding Service site. We also cannot guarantee the privacy policies of these other sites and suggest you check the privacy policies of those sites directly.

Choice
If you wish to stop receiving e-mails or other consumer communications from Creative Funding Service which may be sent to you in the future based on your request for this information, or if you have submitted personally identifiable information through a Creative Funding Service Web Site and would like to have that information deleted from our records, please contact us. Your wishes in these matters will be honored.

Accuracy
Creative Funding Service will make every effort to maintain the accuracy and confidentiality of any personal information you supply to us. If you wish to make additions or other corrections to the information that you have sent in, please contact us.

Security
All information transmitted to this Creative Funding Service Web Site is secure to the extent possible using existing technology. Unauthorized third parties should not be able to access it during transmission. We will store the information that you share with us securely and will take appropriate steps to protect it from unauthorized access or disclosure. While no security steps can offer 100 percent protection, we utilize state-of-the-art technology and systems to prevent unauthorized access to the information we hold. We will limit access to this information to those Creative Funding Service personnel with a need to know. We educate our staff about their duty to protect your privacy, and provide training regarding the policy described herein.

Children
Creative Funding Service does not intentionally collect or retain personally identifiable information about children who are younger than 13 years of age. If your child may have submitted information to us without indicating their actual age, and you would like it removed, please contact us, and we will delete it immediately.

Changes
Any changes to this privacy policy will be communicated promptly at this location. Please check the privacy page periodically to review any changes that may have been made.

Thank you for visiting this Creative Funding Service Web Site. We value your interest and ideas. If you have any comments or concerns regarding the use of information provided to Creative Funding Service via an Internet site, please contact us.

How much is a seller financed mortgage worth?

VALUE INCREASED VALUE DECREASED
  • Equity position of 20% or more
  • First mortgage
  • 1-10 year maturities, or longer term amortization with balloon
  • Good borrower credit
  • Seasoned note with satisfactory payment history
  • Mortgage payments current
  • Market interest rate for risk involved
  • Late charge provision in note
  • Due on sale/right to approve Assumptor clause
  • Financial statement on borrower
  • First mortgage or large second mortgage relative to first
  • Step rates which increase interest rate over time (not usual)
  • Timber cutting clause on acreage properties
  • Flood insurance required and maintained if property is in flood zone
  • Professional note collection by third party
  • Cross default clause in junior liens (default on first mortgage is grounds to default the second, even if current)
  • Credit report on borrower available and up to date
  • Reasonable sized mortgage compared to the property value
  • Well written and structured note and Deed Release provisions
  • Title insurance available and no exclusions
  • Limited equity/Small down payments
  • Second mortgage. These are often worth only 50% of the current balance due to the increased risk of total loss if there is a default on the first
  • Long term fully amortizing obligations (no balloons)
  • Bad borrower credit
  • Unseasoned note or simultaneous closing
  • Mortgage in default and/or in foreclosure
  • Below Market interest rate for risk involved
  • No late charge provision on the note
  • No due on sale or Assumption/Approval right
  • No Financial statement on borrower
  • Large amount of debt senior to subject debt (on junior liens only)
  • Fixed rate note
  • No timber cutting clause on acreage properties
  • Property in a flood zone without flood insurance
  • Seller collects own payments
  • No cross default clause in junior liens (default on first mortgage can mean second is wiped out and holder of second has no right to default the second, if it is current)
  • No credit report on borrower and no right to pull one
  • Small size note or contract
  • Badly written note
  • No title insurance
  • Subordination clause that could force the note into lower priority
  • In reducing order. Second home. Tenant occupied home, apartments, offices, warehouse, industrial, vacant land (least desirable)

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