[Philip Klinck]

Philip Klinck

Has anyone had an issue with a county not wanting to file the mortgage that secures the option because they don’t understand that there’s only going to be two parties to the transaction? They couldn’t understand how there was no lender involved. I have filed the same documents in a different County with no problem.

[Jason Dillard]

Jason Dillard

Only you are knowledgeable enough to understand this strategy! What county won’t record? May have to get an attorney to record it.

[Philip Klinck]

Philip Klinck

Greenville county. 1. The paperwork I used had optionor optionee for the signature area and the lady didnt like that. She also said there was no Derivation. The big one was she thinks that I am suppose to be the Mortgagor because I am buying it and the “bank” the mortgagee. I tried to explain that there is no lender. Its just a security instrument securing the option. They said no, a mortgage is for lenders only. I tried to explain that a mortgage can be given to secure anything and they disagreed. So the option was filed but not the mortgage.

And of course now the guy is trying to backout. I knew he was a bit shifty from a previous experience with him but I didnt realize he would try to back out a week later.

[Jeff Bowman]

Jeff Bowman

Pete Fortunato mentioned at one of his classes that it’s the language of the document, not the title, that governs what kind of instrument exists. Could be a solution there.