Declining balance co-ownership financing arrangement

• US 20030233324A1
• Filed: 04/03/2003
• Published: 12/18/2003
• Est. Priority Date: 04/03/2002
• Status: Abandoned Application

• Current Assignee: Guidance Financial Group LLC, Lisa A. Heuer, Phillip S. Heuer
• Original Assignee: Lisa A. Heuer
• Inventors: Hammour, Mohamad L., Milano, James M., Weiner, Harvey E.
• Application Number:
  US10/406,010
• Publication Number:
  US 20030233324A1
• Time in Patent Office: Days
• US Class Current: 705/40
• CPC Class Codes: G06Q 20/102 Bill distribution or payments
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/03 Credit; Loans; Processing thereof

Abstract

A Sharia compliant financing arrangement for home purchases and refinances that does not involve the payment of interest is disclosed. The financing arrangement is a declining balance Co-Ownership financing arrangement in which a limited liability affiliate of the party financing the purchase, called a co-owner, and the party borrowing the funds for the purchase, the consumer, co-own a residence through a tenancy-in-common. The consumer makes monthly payments to repay the amount funded through which the consumer increases his or her real property or Co-Ownership interest in the residence, while correspondingly decreasing the interest held by the co-owner. Gradually, by making the monthly payments, the consumer acquires the full ownership interest in the residence. The monthly payment has two parts, a profit payment and an acquisition payment. The acquisition portion of the payment is applied to the consumer'"'"'s ownership interest, thereby increasing his ownership interest in the property and decreasing the co-owner'"'"'s interest in the property. The co-owner'"'"'s rights interest in the financing arrangement are transferable to a secondary market investor.

Claims

1. A method for a consumer to finance a property without making interest payments, the method comprising the steps of:

providing the consumer with funds to finance the property;

creating joint rights of ownership in the property in the consumer and a limited liability co-owner;

having the consumer make at least one payment to repay the funds, whereby full title to the property is transferred to the consumer alone after full repayment of the funds as agreed between the consumer and the limited liability co-owner, the at least one payment including a profit payment to the co-owner and an acquisition payment that increases the consumer'"'"'s ownership portion of the property and simultaneously decreases the co-owner'"'"'s ownership portion of the property.

2. The method of financing a property recited in claim 1, wherein the co-owner jointly purchases the property with the consumer as tenants-in-common.

3. The method of financing a property recited in claim 1, wherein the consumer makes a plurality of payments to the co-owner to repay the funds, and wherein each of the payments includes the profit payment and the acquisition payment.

4. The method of financing a property recited in claim 3, wherein the plurality of payments are monthly payments.

5. The method of financing a property recited in claim 1, wherein the co-owner is a legal entity with pass-through tax attributes and limited liability protection.

6. The method of financing a property recited in claim 5, wherein the co-owner is a legal entity selected from the group consisting of a limited liability corporation, a limited liability company, and a limited partnership.

7. The method of financing a property recited in claim 5, wherein the limited liability co-owner is registered in a low-cost jurisdiction and has limited activities that do not rise to the level of “

doing business”

for state corporate law purposes.

8. The method of financing a property recited in claim 1 further comprising the step of the consumer and the co-owner entering into a first agreement that specifies that the property will be jointly owned by the consumer and co-owner and that the at least one payment made by the consumer to the co-owner will include the profit payment and the acquisition payment.

9. The method of financing a property recited in claim 8, wherein the property is real property and the joint rights in the property of the consumer and the co-owner are created by a deed reflecting joint title to the property in the consumer and the co-owner.

10. The method of financing a property recited in claim 8, wherein the property is real property and the joint rights in the property of the consumer and the co-owner are created by a contract reflecting joint title to the property in the consumer and the co-owner.

11. The method of financing a property recited in claim 9, wherein the first agreement sets forth a schedule reflecting the consumer'"'"'s ownership portion of the property and the co-owner'"'"'s ownership portion of the property based on the at least one payment.

12. The method of financing a property recited in claim 8 further comprising the step of the consumer and the co-owner entering into a second agreement that provides for the consumer'"'"'s obligation to make the at least one payment and the terms for making such payment.

13. The method of financing a property recited in claim 12, wherein the second agreement further provides for penalties for late payments and pre-payments by the consumer without paying a penalty.

14. The method of financing a property recited in claim 12, wherein the second agreement further provides for the co-owner'"'"'s right of foreclosure if the consumer defaults on making the at least one payment.

15. The method of financing a property recited in claim 12 further comprising the step of the consumer and the co-owner entering into a third agreement setting forth the consumer'"'"'s payment obligations, the consumer'"'"'s obligations with respect to maintenance of the financed property, the consumer'"'"'s obligations with respect to obtaining insurance of the financed property, and protections afforded the co-owner upon default by the consumer.

16. The method of financing a property recited in claim 15 further comprising the step of the consumer and the co-owner entering into a fourth agreement that assigns a majority of the co-owner'"'"'s rights in the property to a financier financing the property, including the co-owner'"'"'s rights under the first, second and third agreements.

17. The method of financing a property recited in claim 1 further comprising the steps of maintaining a record of increases in the consumer'"'"'s ownership portion of the property and decreases in the co-owner'"'"'s ownership portion of the property in a deferred ownership account and transferring the increases in the consumer'"'"'s ownership portion and decreases in the co-owner'"'"'s ownership portion formally at the time of a transfer event, such as refinancing or sale of the property.

18. The method of financing a property recited in claim 1, wherein the financing is used by the consumer to purchase the property.

19. The method of financing a property recited in claim 1, wherein the financing is used by the consumer to replace an existing financing arrangement.

20. The method of financing a property recited in claim 19, wherein the existing financing arrangement is a conventional mortgage arrangement or a previous declining balance Co-Ownership arrangement.

21. The method of financing a property recited in claim 1, wherein the co-owner is affiliated with a financier providing the consumer with the financing, and wherein the monthly payments are serviced by the financier.

22. The method of financing a property recited in claim 1, wherein the co-owner'"'"'s rights in the financing transaction are transferred to a secondary market investor.

23. The method of financing a property recited in claim 1, wherein the co-owner'"'"'s rights in the financing transaction are transferred first from a first secondary market investor and then to a second secondary market investor.

24. The method of financing a property recited in claim 21 further comprising the step of substituting a sub-servicer for the financier.

25. The method of financing a property recited in claim 15, wherein the first, second, and third agreements are transferred to a warehouser.

26. A method of a first party financing a property comprising the steps of:

obtaining a funding amount to finance the property through a second party that is a limited liability entity;

creating joint property rights in the property in the first and second parties;

making a plurality of payments from the first party to the second party to repay the funding amount, each payment including a profit payment to the second party and an acquisition payment that increases the first party'"'"'s ownership portion of the property and decreases the second party'"'"'s ownership portion of the property by an amount specified in an amortization schedule, whereby full title to the property is transferred to the first party by the second party after full repayment of the funding amount.

27. The method of financing a property recited in claim 26, wherein the profit payments made by the first party are deductible by the first party for income tax purposes.

28. The method of financing a property recited in claim 26, wherein the property is jointly titled in the first party and the second party.

29. The method of financing a property recited in claim 26, wherein the property is jointly held by the first and second parties as tenants-in-common.

30. The method of financing a property recited in claim 26, wherein the joint property rights in the property are reflected in a contract signed by the first and second parties.

31. The method of financing a property recited in claim 26, wherein the second party is a legal entity selected from the group consisting of a limited liability corporation, a limited liability company, a limited liability partnership, and a limited partnership.

32. The method of financing a property recited in claim 26 further comprising the step of the first and second parties entering into a first agreement that specifies that the property will be held jointly by the first and second parties as tenants-in-common and that each of the payments made by the first party to the second party will include the profit payment and the acquisition payment.

33. The method of financing a property recited in claim 32 further comprising the step of the first and second parties entering into a second agreement that provides for the first party'"'"'s obligation to make the plurality of payments and the terms for making such payments, and for the imposition of penalties for late payments, and the ability to make pre-payments by the first party without paying a penalty.

34. The method of financing a property recited in claim 33 further comprising the step of the first and second parties entering into a third agreement setting forth the first party'"'"'s payment obligations with respect to maintaining and insuring the financed property, and protections afforded the second party upon default by the first party.

35. The method of financing a property recited in claim 26 further comprising the steps of deferring formal transfers reflecting increases in the first party'"'"'s ownership portion of the property and decreases in the second party'"'"'s ownership portion of the property until the property is refinanced or sold or paid in full.

36. The method of financing a property recited in claim 26, wherein the financing is used by the first party to purchase the property.

37. The method of financing a property recited in claim 26, wherein the financing is used by the first party to replace an existing financing arrangement.

38. The method of financing a property recited in claim 26, wherein rights in the financing arrangement are transferred to a secondary market investor.

39. The method of financing a property recited in claim 34, wherein the first, second, and third agreements are transferred to a warehouser.

40. The method of financing a property recited in claim 34 further comprising the step of the consumer and the co-owner entering into a fourth agreement that assigns under the first, second, and third agreements, except the co-owner'"'"'s rights of ownership of the property, the co-owner'"'"'s rights in the property to a financier that is financing the property for the consumer.

41. A system for financing a property comprising:

means for a first party to obtain funds to finance the property;

means for creating property rights in the property jointly in the first party and a second limited liability party;

means for making a plurality of payments by the first party to repay the funds, each payment including a profit payment and an acquisition payment that increases the first party'"'"'s ownership portion of the property and decreases the second party'"'"'s ownership portion of the property by an amount specified in an amortization schedule, whereby full title to the property is transferred to the first party by the second party upon full repayment of the funds by the first party.

42. The system for financing a property recited in claim 41, wherein the means for creating the joint property rights is an agreement between the first and a third party committing the third party to provide the funds to the first party in exchange for the first party committing to titling the property jointly with the second party.

43. The system for financing a property recited in claim 42 further comprising a deed titling the property in the first party and the second party as tenants-in-common, the second party being affiliated with the third party.

44. The system for financing a property recited in claim 42, wherein the plurality of payments are made from the first party to a third party providing the financing funds to the first party.

45. The system for financing a property recited in claim 41, wherein the property is held by the first and second parties as tenants-in-common.

46. The system for financing a property recited in claim 42, wherein the second party is a legal entity selected from the group consisting of a limited liability corporation, a limited liability company, a limited liability partnership and a limited partnership.

47. The system for financing a property recited in claim 41 further comprising a first agreement between the first and second parties that specifies that the property will be held jointly by the first and second parties as tenants-in-common and that each of the payments made by the first party will be made to the second party and will include the profit payment and the acquisition payment.

48. The system for financing a property recited in claim 47 further comprising a second agreement between the first and second parties that provides for the first party'"'"'s obligation to make the plurality of payments and the terms for making such payments, and for the imposition of penalties for late payments, and the ability to make pre-payments by the first party without paying a penalty.

49. The system for financing a property recited in claim 48 further comprising a third agreement between the first and second parties setting forth the first party'"'"'s payment obligations with respect to maintaining and insuring the financed property, and protections afforded the second party upon default by the first party.

50. The system for financing a property recited in claim 49 further comprising a fourth agreement between the first and second parties that assigns most of the second party'"'"'s rights in the property to a third party that is providing the financing under the first, second, and third agreements.

51. The system for financing a property recited in claim 41 further comprising means for recording deferrals of formal transfers reflecting increases in the first party'"'"'s ownership portion of the property and decreases in the second party'"'"'s ownership portion of the property until the property is refinanced or sold.

52. The system for financing a property recited in claim 41, wherein the financing is used by the first party to purchase the property.

53. The system for financing a property recited in claim 41, wherein the financing is used by the first party to replace an existing financing arrangement.

54. A system for financing a property comprising:

a first computer for initiating an application by a consumer to obtain funds to finance the property;

a second computer for deciding whether to provide the consumer with the funds to finance the property, the first and second computers being in communication with one another;

a document for creating property rights jointly in the consumer and a limited liability co-owner as tenants-in-common;

a third computer for tracking a plurality of payments by the consumer to repay the funds, each payment including a profit payment to the co-owner and an acquisition payment that increases the consumer'"'"'s ownership portion of the property and decreases the co-owner'"'"'s ownership portion of the property, whereby full title to the property is transferred to the consumer by the co-owner upon full repayment of the funds; and

a Co-Ownership agreement between the consumer and co-owner requiring the property to be jointly held by the consumer and co-owner as tenants-in-common and each of the payments made by the consumer to the co-owner to include the profit payment and the acquisition payment.

55. The system for financing a property recited in claim 54 further comprising an obligation to pay agreement between the consumer and co-owner providing for the consumer'"'"'s obligation to make the plurality of payments and the terms for making such payments, and for the imposition of penalties for late payments, and the ability to make pre-payments by the consumer without paying a penalty.

56. The system for financing a property recited in claim 55 further comprising a security agreement between the consumer and co-owner setting forth the consumer'"'"'s payment obligations with respect to maintaining and insuring the property, and protections afforded the co-owner upon default by the consumer.

57. The system for financing property recited in claim 56 further comprising a first assignment for assigning the co-owner'"'"'s rights in the property under the Co-Ownership, obligation to pay and security agreements, except for the co-owner'"'"'s ownership of the property, to a financier that is providing the financing to the consumer.

58. The system for financing property recited in claim 57 further comprising a second assignment for assigning the co-owner'"'"'s rights from the financier to an investor in the secondary market.

59. The system for financing a property recited in claim 54 further comprising a fourth computer operated by the consumer for sending through the Internet to the first computer an application to obtain funding to finance the property.

60. The system for financing a property recited in claim 59 wherein the first computer provides a web site through which the fourth computer operated by the consumer sends an application for funds to the first computer through the Internet.

61. The system for financing a property recited in claim 54 further comprising a fourth computer for recording the increases in the consumer'"'"'s ownership portion of the property and the decreases in the co-owner'"'"'s ownership portion of the property and for generating the documents necessary for transferring the ownership portions from the co-owner to the consumer when the property is refinanced or sold.

62. The system for financing a property recited in claim 54, wherein the financing is used by the consumer to purchase the property.

63. The system for financing a property recited in claim 54, wherein the financing is used by the consumer to replace an existing financing arrangement.

64. A method for a consumer to finance a property, the method comprising the steps of:

providing the consumer with funds to finance the property;

creating joint rights of ownership in the property in the consumer and a co-owner that is a legal entity with limited liability;

making a plurality of payments by the consumer to repay the funds, whereby full title to the property is transferred to the consumer alone after full repayment of the funds by the consumer, each payment by the consumer including a profit payment and an acquisition payment that increases the consumer'"'"'s right of ownership interest in the property and simultaneously decreases the co-owner'"'"'s right of ownership interest in the property; and

transferring the co-owner'"'"'s rights in the financing by the consumer to an investor.

65. The method of financing a property recited in claim 64, whereby the payments by the consumer are made to the co-owner.

66. The method of financing a property recited in claim 64, whereby the payments by the consumer are made to a financier providing the funds to the consumer to finance the property.

67. The method of financing a property recited in claim 64, whereby the payments by the consumer are made to a servicer.

68. The method of financing a property recited in claim 64, whereby the investor is a secondary market investor.

69. The method of financing a property recited in claim 68, further comprising the step of transferring the co-owner'"'"'s rights in the financing to a second investor that is a secondary market investor.

70. A method for a consumer to finance a property, the method comprising the steps of:

providing the consumer with funds to finance the property;

creating joint rights of ownership in the property in the consumer and a co-owner that is a legal entity with limited liability; and

making a plurality of payments by the consumer to repay the funds, whereby full title to the property is transferred to the consumer alone after full repayment of the funds by the consumer, each payment by the consumer including an acquisition payment that increases the consumer'"'"'s right of ownership interest in the property and simultaneously decreases the co-owner'"'"'s right of ownership interest in the property.

71. The method of financing a property recited in claim 70, whereby the payments by the consumer are made to or through the co-owner.

72. The method of financing a property recited in claim 70, whereby the payments by the consumer are made to a financier providing the funds to the consumer to finance the property.

73. The method of financing a property recited in claim 70, wherein the joint rights in the property of the consumer and the co-owner are created by a contract including a deferred ownership account evidencing a record of increases in the consumer'"'"'s ownership portion of the property and decreases in the co-owner'"'"'s ownership portion of the property and providing for a transfer of the increases in the consumer'"'"'s ownership portion and decreases in the co-owner'"'"'s portion formally at the time of a full purchase of the property by the consumer or a transfer event, such as a refinancing or sale of the property.

74. The method of financing a property recited in claim 70 further comprising the step of transferring the co-owner'"'"'s rights in the financing by the consumer to an investor.