Law Offices of Robert E. Muir

110 West A Street, Suite 625, San Diego, CA 92101-3707 (619)231-6500

The following are recently published articles by Robert Muir.

All-Inclusive Loans

An "All-Inclusive Loan" is one the seller makes to the buyer in which an All-Inclusive Deed of Trust ("AITD") and promissory note are held by the seller for a portion of the purchase price and the unpaid balance of an existing loan, often with a bank. An AITD allows the buyer and seller to take advantage of the lower interest rate on the existing loan. With interest rates low, and tighter lending requirements, buyers and sellers are now considering using seller financing, including AITD's. [Read More]

Business and Commercial Matters

Questions have arisen recently about what transactions are exempt from the Real Estate Transfer Disclosure Statement (TDS) law under California Civil Code 1102. Apparently, at some seminars agents are being taught that if an investor creates a limited liability company ("LLC") to sell residential property or uses the LLC as the trustee of a trust, the seller does not need to give the buyer a TDS. However, this exemption is doubtful. [Read More]

Equity Sharing: Purchasing Property With An Investor

Equity sharing is a financing option for homebuyers who need assistance with their purchase. With tighter lending standards, some buyers may benefit from having an investor help with the down payment or to qualify for a loan. Investors can benefit by being able to purchase a property they would not be able to qualify for by themselves, and having an owner, rather than a tenant, live in the property and pay the debt service. [Read More]