420,003
Charge rate much higher than the market to encourage them to pay you off. Make the note 15 or 20 years 30 is too long to wait. Have a prepayment penalty for not giving the seller time to plan for taxes. HIRE an attorney to write the note, hire a servicing company to do the yearly tax forms, check the hazard insurance and property taxes. IMPOUND everything to keep it simple. What state? there are laws...
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Candice A. Donofrio
Fort Mohave, AZ
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Carla Freund
Raleigh, NC
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Nina Hollander, Broker
Charlotte, NC
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Doug Dawes
Topsfield, MA
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Kathleen Daniels, Prob...
San Jose, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Diana Zaccaro Broker A...
Cocoa Beach, FL
3,350,764
Time for a local real estate attorney well versed in these matters. Stay in your own lane or you risk finding yourself in a place you do not want to be.
Think Risk vs. Reward.
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Beth Atalay
Clermont, FL
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Carla Freund
Raleigh, NC
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Eve Alexander
Tampa, FL
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Greg Large
Grove City, OH
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Nina Hollander, Broker
Charlotte, NC
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Doug Dawes
Topsfield, MA
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Kathleen Daniels, Prob...
San Jose, CA
648,525
My tip: refer them to a competent real estate attorney and a CPA.
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Pete Xavier
Pacific Palisades, CA
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Carla Freund
Raleigh, NC
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David M. Dwares
Fort Lauderdale, FL
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Nina Hollander, Broker
Charlotte, NC
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Doug Dawes
Topsfield, MA
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Kathleen Daniels, Prob...
San Jose, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
1,507,073
I did this ONCE. You need to be careful of Usury laws and the interest rate also can't be too far below the current rate (that's some other law). We needed an accountant, a real estate lawyer and escrow to do special paperwork.
One thing to consider is it is also a lot harder to do extra principal payments with a seller carry, as they'd have to redo the amortization table with each extra principal payment. If your buyer is someone who likes to do extra principal payments each month (or several times a month), this could be a problem. If they like to do the bi-weekly payment plan, that could also be a problem.
Another thing to consider is what position your seller will be in. Are they underwriting the entire purchase price (first position), or are they covering a gap between what the bank will lend and the purchase price (second position)? There are risks involved with each of these.
As others have said here, you'll want to get a real estate attorney involved for anything specific to your state.
Personally, I'd setup a meeting with an attorney, my client the CPA/accountant and myself. I'd then send out a document for digital signature that summarizes that call, the questions asked, answers received and advice given. I'd make sure that document gets signed by my client and I'd keep that in my permanent file for the next 30 years. C-Y-A
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Carla Freund
Raleigh, NC
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Lyn Sims
Schaumburg, IL
-
Diana Zaccaro Broker A...
Cocoa Beach, FL
-
Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
1,093,547
You need a good real estate attorney to advise you and handle this. At a minimum, the seller will need a mortgage and note. Some of my sellers do a five year mortgage/note with a balloon so buyer has to refinance at the five year mark. With interest rates starting to rise, it might be wise to include an option that if the buyer can't refi at a lower rate, they can have an extension on the loan until such time as they can. This helps the buyer purchase the property, gives them time to build some equity and get comfortable with the payment then refi into conventional. It gives the seller income during that time but they are not obligated to 20 or 30 year mortgage, especially if they are older and need income now. Discuss prepayment penalties with the RE attorney and if the mortgage/note are over five years, that should be included. Verify with the RE attorney if you can have a prepay on a mortgage/note under five years, I recall hearing something that you can't but that may only be on HELOCs and 2nd mortgages. Also ask the RE attorney about any tax implications on seller's part if they proceed with this.
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Carla Freund
Raleigh, NC
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Lyn Sims
Schaumburg, IL
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Joan Cox
Denver, CO
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Doug Dawes
Topsfield, MA
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Kathleen Daniels, Prob...
San Jose, CA
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Wanda Kubat-Nerdin - W...
St. George, UT
613,494
Hire an attorney...
You don't know what you don't know.
Eve
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Matthew Sturkie, CRS, ...
Apple Valley, CA
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Kathleen Daniels, Prob...
San Jose, CA
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David M. Dwares
Fort Lauderdale, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
-
Fred Griffin Florida R...
Tallahassee, FL
-
John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Ryan Huggins - Thousan...
Thousand Oaks, CA
1,202,697
Make sure they have an attorney to represent them. They will have all the documents needed
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Carla Freund
Raleigh, NC
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Joan Cox
Denver, CO
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
3,142,141
Consult with your broker and then follow the rules and laws of your selling area Austin.
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Carla Freund
Raleigh, NC
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Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
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John Juarez
Fremont, CA
-
Ron and Alexandra Seigel
Carpinteria, CA
-
Diana Zaccaro Broker A...
Cocoa Beach, FL
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Doug Dawes
Topsfield, MA
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Kathleen Daniels, Prob...
San Jose, CA
2,684,769
Get educated by people like Caroline Gerardo
Then take it to a CPA and a real estate attorney. You are (probably not) licensed to create notes and mortgages!
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
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Joan Cox
Denver, CO
-
Diana Zaccaro Broker A...
Cocoa Beach, FL
-
Wanda Kubat-Nerdin - W...
St. George, UT
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Candice A. Donofrio
Fort Mohave, AZ
5,773,367
Austin,
Like many have said, hire a savvy real estate attorney to document. A
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
914,198
Attorney.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
-
Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
7,871,794
Their attorney will provide the needed documentation.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
5,117,178
What Caroline Gerardo said. Get a good attorney to totally protect your seller under any and all circumstances.
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Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Ron and Alexandra Seigel
Carpinteria, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
907,777
Seems like a lot of work in a hot market. Like everyone mentioned, get an attorney.
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Joan Cox
Denver, CO
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Diana Zaccaro Broker A...
Cocoa Beach, FL
5,246,557
Time for an experienced transactional real estate attorney to lead the way.
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Lyn Sims
Schaumburg, IL
1,057,664
Here's an article I wrote about this a while back . . . have done many seller carryback deals but not in FL!
Make sure and click the link to Dodd-Frank Act changes . . . we here have several documents to address those requirements . . .
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John Juarez
Fremont, CA
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Lyn Sims
Schaumburg, IL
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Fred Griffin Florida R...
Tallahassee, FL
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Wanda Kubat-Nerdin - W...
St. George, UT
2,195,824
Have a Professional do the Mortgage Docs
print out a Amortization Sch for Both Parties
Have the Seller provide a Annual letter confirming receipt of all pmts
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Michael J. Perry
Lancaster, PA
1,847,881
Time for an attorney on this one. I'm not sure why the seller would want to bother with this.
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Candice A. Donofrio
Fort Mohave, AZ
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John Juarez
Fremont, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
2,246,385
We list and sell so much land with owner financing. The first mortgage, promissory note drafted by a local attorney. Many home buyers finishing up a sale out of state need a short bridge for under a year, just a couple months, not a 30 year year mortgage Austin McKenzie.
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Candice A. Donofrio
Fort Mohave, AZ
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John Juarez
Fremont, CA
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Carla Freund
Raleigh, NC
1,326,624
Giving your seller advice on providing financing to the buyer of your seller's property should not be attempted based on information gathered here in the Q & A unless that advice is to #1 consult with your broker.
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Kathleen Daniels, Prob...
San Jose, CA
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Joan Cox
Denver, CO
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Diana Zaccaro Broker A...
Cocoa Beach, FL
6,425,924
Make sure the down pmt is large enough to cover the cost of foreclosure, repairs and resale if the buyer defaults.
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Bob Crane
Stevens Point, WI
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Candice A. Donofrio
Fort Mohave, AZ
902,538
It's risky business for both sides. Make sure you have a good real estate attorney drafting the document, maybe with oversight by a competent banker. Just think - if the buyer can't qualify for a mortgage, maybe he won't be able to pay your seller's loan either. From the buyer's perspective, if the seller already has a mortgage on the property and stops making payments, the buyer has no recourse and may be forced to vacate the property as the bank may seek to foreclose on their collateral.
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John Juarez
Fremont, CA
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Kathleen Daniels, Prob...
San Jose, CA
5,879,816
This is out of my scope of expertise, get either a lender or an attorney to help you out.
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John Juarez
Fremont, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
3,168,264
my personal opinion is that if someone needs owner financing because they can't get a loan a seller doesn't need to take that risk. And I generally tell them to talk to a couple of people who did it and regretted it when they foreclosed and repaired and put back on the market.
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Candice A. Donofrio
Fort Mohave, AZ
766,969
I would want a large deposit in escrow that would be immediately released within ten days and all contingencies removed at that time.
2,073,600
I can't see any logical reason to take that risk in today's market. Interest rates are at historical lows, and if the buyer can't qualify for a traditional loan.. why would you want to take on that risk? There are other ways to make money.
If they still want to go forward with carrying the buyer's paper, make sure to consult a good real estate attorney and have they draw up appropriate papers.