Can I enter into a lease to buy of property that I own but owe money on?

Question Details:

I own a 2006 horse trailer, I owe $40,000. I have posted on several sites for sale, been contacted by someone who wants to take over payments, than eventually purchase. Is it legal? What do I do. Am I still responsible, who carries insurance, who's credit is affected?

Asked 11/19/2009 under Business | 141 View(s) | More Legal Topics

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Business Law Answers

J. Norman Stark / J. Norman Stark Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Ohio

Dear Inquirer:  You may have someone take over the paymentts, but unless you enter into a written agreement with some assurance, such as a payment bond,  that the purchaser will faithfully make payments timely and fuly, you may still be liable for the debt!!!

Also, you m,ust have the permission of the lender or note holder, to substitute the new party, since they would want some assurance that this new purchaser can pay and will pay, etc.

I urge you rertain an experienced Attornery to prepare the proper documentation - i.e. a written agreement, and have the purchaser post a bond underwritten by a reliable insurance company.

Good luck.

Sincerely, J. Normsan Stark.

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